Execution of Payment Orders. The Bank guarantees the proper execution within a reasonable time of correctly given orders for the transfer of amounts in Euro, provided that such orders can be processed entirely within the giro-circuit in the Netherlands of the banks associated with the 'Bankgirocentrale' (Bank Giro Centre). Any shortcomings in the execution of such payment orders will make the Bank liable to indemnify the Customer for the damage suffered as a result up to a maximum of EUR 225,-per payment order, without prejudice to the provisions of the second paragraph of article 31 and without prejudice to the Bank's obligation - unless otherwise agreed - to see to it that these payment orders will as yet be executed correctly and without further costs. The Bank shall not invoke the aforesaid maximum of EUR 225,- if in an individual case it would not be reasonable and fair to do so. If, in case of correctly given payment orders which cannot be processed entirely within the said giro-circuit, the payee's account as specified by the Customer should fail to be credited, the Bank shall upon the Customer's request and free of charge make inquiries and try to achieve that the credit entry will be made yet. Within four weeks of receipt by the Bank of such request, the Bank shall furnish the Customer with a written statement concerning the results of the inquiries, stating the relevant data. If the Customer wishes payment orders as referred to in the first paragraph of this article to be executed by or on a specific date, such execution must be expressly agreed upon with the Bank. The above provisions do not prejudice the Bauk's authority not to execute payment orders if the balance of the account does not allow such execution or if such execution is barred by an attachment of the Customer's account or by other comparable circumstances.
Appears in 3 contracts
Samples: Credit Agreement (FreeSeas Inc.), Credit Agreement (FreeSeas Inc.), Credit Agreement (FreeSeas Inc.)
Execution of Payment Orders. The Bank guarantees the proper execution within a reasonable time of correctly given orders for the transfer of amounts in EuroDutch guilders, provided that such orders can be processed entirely within the giro-circuit in the Netherlands of the banks associated with the 'Bankgirocentrale' "BankGiroCentrale" (Bank Giro CentreBankGiroCentre). Any shortcomings in the execution of such payment orders will make the Bank liable to indemnify the Customer for the damage suffered as a result up to a maximum of EUR 225,-per five hundred Dutch guilders per payment order, without prejudice to the provisions of the second paragraph of article 31 and without prejudice to the Bank's obligation - unless otherwise agreed - to see to it that these payment orders will as yet be executed correctly and without further costs. The Bank shall not invoke the aforesaid maximum of EUR 225,- five hundred guilders if in an individual case it would not be reasonable and fair to do so. If, in case of correctly given payment orders which cannot be processed entirely within the said giro-circuit, the payee's account as specified by the Customer should fail to be credited, the Bank shall upon the Customer's request and free of charge make inquiries and try to achieve that the credit entry will be made yet. Within four weeks of receipt by the Bank of such request, the Bank shall furnish GENERAL CONDITIONS 5 the Customer with a written statement concerning the results of the inquiries, stating the relevant data. If the Customer wishes payment orders as referred to in the first paragraph of this article to be executed by or on a specific date, such execution must be expressly agreed upon with the Bank. The above provisions do not prejudice the BaukBank's authority not to execute payment orders if the balance of the account does not allow such execution or if such execution is barred by an attachment of the Customer's account or by other comparable circumstances.
Appears in 2 contracts
Samples: Exchangeable Loan Agreement (Vedior Nv), Loan Agreement (Vedior Nv)