Funds Transfer Instructions. 16.1 Principal authorizes Custodian to act upon instructions for the transfer of funds from the Account to any other account(s) of Principal or to any third party when such instructions are received from Principal or Principal's Appointed Persons and which have been authenticated by Custodian in accordance with the securities procedures agreed to by Principal as set forth in Subparagraph 15.2 hereof.
16.2 Principal agrees to the security procedure(s) offered by Custodian to authenticate, amend, and request cancellation of funds transfer instructions as set forth below. If a funds transfer instruction received by Custodian purports to have been transmitted or authorized by Principal, it will be deemed effective as Principal's instruction if Custodian followed the security procedure(s) set forth below:
Funds Transfer Instructions. (a) Client authorizes Bank to act upon instructions for the transfer of funds from the Account to any other account(s) of Client or to any third party when such instructions are received from Client or Client’s Authorized Representative (as designated in Paragraph 7 hereof) and have been authenticated by Bank in accordance with the securities procedures agreed to by Client as set forth in Paragraph (b) below.
(b) Client agrees to the security procedure(s) offered by Bank to authenticate, amend, and request cancellation of funds transfer instructions as set forth below. If a funds transfer instruction received by Bank purports to have been transmitted or authorized by Client, it will be deemed effective as Client’s instruction if Bank followed the security procedure(s) set forth below:
Funds Transfer Instructions. (1) The Customer may issue funds transfer instructions, including amendments and cancellation requests, against the Account with the Bank, subject to the Bank’s
Funds Transfer Instructions. In the event funds transfer instructions are given (other than in writing at the time of execution of this Agreement), whether in writing, by telecopier or otherwise, the Intermediary is authorized to seek confirmation of such instructions by telephone call-back to the authorized person or persons designated on Exhibit 3 hereto, and Intermediary may rely upon the confirmation of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in a writing actually received and acknowledged by the Intermediary. The Intermediary and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by the Off-taker or Collateral Agent to identify (i) the beneficiary, (ii) the beneficiary’s bank, or (iii) an intermediary bank. The Intermediary may apply any of the deposited funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary’s bank or an intermediary bank designated. The parties to this Agreement acknowledge that these security procedures are commercially reasonable. Off-Taker and Collateral Agent agree that repetitive or standing settlement instructions will be effective as the funds transfer instructions of Off-Taker and Collateral Agent, whether or not authorized, if such settlement instructions are verified pursuant to the security procedure provided herein or such other security procedure that the Escrow Agent, Off-Taker and Collateral Agent may agree to.
Funds Transfer Instructions. Your Orders must comply with the requirements set forth in the Rules and any applicable security procedures. You acknowledge that Orders may not be initiated that violate the laws of the United States, including the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. Our cutoff hours for Orders are 12:00 p.m. (PT) for wire transfers. You must accurately describe transaction beneficiaries, intermediary financial institutions, and the beneficiary’s financial institution in wire transfer Orders. If you describe any beneficiary or institution inconsistently by name and number, we and other institutions may process the Order solely on the basis of the number, even if the number identifies a person or entity different from the named beneficiary or institution. We may transfer funds through an intermediary bank or funds transfer system which is different from that shown in your instructions. An Order is deemed to be received by us when we have acknowledged it by e-mail. Unless you promptly notify us of a problem with a transfer or confirmation, you will be deemed to have approved the accuracy and completeness of the information contained in the confirmation. If your Order involves a foreign transfer, we may execute the Order in the currency of the country of the payee’s financial institution at either our buying rate of exchange for U.S. dollar transfers or the exchange rate of the payee institution. If for any reason the transfer is returned, you agree to accept the refund in U.S. dollars in the amount of the foreign money credit, based on the current buying rate on the day of the refund, less any charges and expenses incurred by us. Foreign transfers may be subject to delays, charges imposed by other financial institutions, and changes in foreign currency exchange rates. You will not allow others to initiate Orders on your behalf without our prior written consent. You will be solely responsible for the acts and omissions of your agents. You agree to indemnify, defend and hold us harmless from any actions, claims, proceedings, damages, losses and costs which you or we incur as a result of their actions or omissions.
Funds Transfer Instructions. In the event funds transfer instructions are given, whether oral or written, the Escrow Holder is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Exhibit B hereto, and the Escrow Holder may rely upon the confirmations of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in a writing actually received and acknowledged by the Escrow Holder. The parties to the Escrow Agreement acknowledge that such security procedure is commercially reasonable. EXHIBIT A FEES Escrow Fee - $4,000.00 (this Escrow Fee is to be shared equally by Kaiser and CSI) Investment Fees - $25.00 per trade for book-entry securities $50.00 per trade for securities requiring physical delivery (these investments fees shall be paid in each case by the party requesting the investments EXHIBIT B TELEPHONE NUMBER(S) FOR CALL-BACKS PERSON(S) DESIGNATED TO CONFIRM FUNDS TRANSFER INSTRUCTIONS Kaiser:
Funds Transfer Instructions. Applicable only if Standard ACH, Premium ACH, DDA, or IBA is checked in the Merchant Application. MERCHANT desires to effect settlement of credits and debits from MERCHANT’s DESIGNATED ACCOUNT by means of ACH and/or wire transfer in conjunction with the processing of SALES transactions as anticipated by AGREEMENT. In accordance with this desire, MERCHANT authorizes SPC to initiate debit and credit entries to the DESIGNATED ACCOUNT (the details of which are set out herein and in the Merchant Application Booklet). MERCHANT agrees to maintain sufficient funds in DESIGNATED ACCOUNT to cover debit transactions. By signing this authorization, MERCHANT states that it has authority to agree to such transactions and that the DESIGNATED ACCOUNT indicated is a valid and legitimate account for the handling of these transactions. This authority is to remain in effect until SPC receives written notice from MERCHANT revoking it. This authorization is for the payment of SALES, returns and FEES, CHARGEBACKS, or any other sums owed between the PARTIES. MERCHANT also certifies that the appropriate authorizations are in place to allow MERCHANT to authorize this method of settlement. All changes to the identification of the DESIGNATED ACCOUNT under this authorization must be made in writing in accordance with AGREEMENT. MERCHANT understands that if the information supplied as to the ABA Routing Number and Account Number of the DESIGNATED ACCOUNT is incorrect, and funds are incorrectly deposited, SPC will attempt to assist MERCHANT in the recovery of such funds but has no liability as to restitution of the same. SPC's assistance in recovering the funds, where available, will be billed to MERCHANT at SPC's current hourly rate for such work. MERCHANT acknowledges that the origination of ACH transactions to the DESIGNATED ACCOUNT must comply with the provisions of U.S. law.
Funds Transfer Instructions. In the event funds transfer instructions are given (other than as set forth on Annex I or otherwise in writing at the time of execution of this Escrow Agreement), whether in writing, by facsimile or otherwise, the Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule II (which persons shall be different than the person who provided the instructions), and the Escrow Agent may conclusively rely upon the confirmation of anyone purporting to be the person or persons so designated. The individuals authorized to give or confirm funds transfer instructions may be changed only in a writing actually received and acknowledged by the Escrow Agent. The Escrow Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by Parent or the Sellers’ Representative to identify (i) the beneficiary, (ii) the beneficiary’s bank, or (iii) an intermediary bank. All funds transfer instructions must include the signature of the person(s) authorizing said funds transfer. Parent and the Sellers’ Representative (both in its role as Sellers’ Representative and on behalf of the Bridge Note Holders) acknowledge that these security procedures are commercially reasonable.
Funds Transfer Instructions. 16.1 Trust authorizes Custodian to act upon instructions for the transfer of funds from the Account to any other account(s) of Trust or to any third party when such instructions are received from Trust or Trust's Appointed Persons and which have been authenticated by Custodian in accordance with the securities procedures agreed to by Trust as set forth in Subparagraph 16.2 hereof.
16.2 Trust agrees to the security procedure(s) offered by Custodian to authenticate, amend, and request cancellation of funds transfer instructions as set forth below. If a funds transfer instruction received by Custodian purports to have been transmitted or authorized by Trust, it will be deemed effective as Trust's instruction if Custodian followed the security procedure(s) set forth below:
Funds Transfer Instructions. In the event funds transfer instructions are given (other than in writing at the time of execution of this Agreement), whether in writing, by telecopier or otherwise, the Custodian is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule III hereto, and the Custodian may rely upon the confirmations of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in a writing actually received and acknowledged by the Custodian. The parties to this Agreement acknowledge that such security procedure is commercially reasonable. It is understood that the Custodian and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by either of the other parties hereto to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. The Custodian may apply any of the escrowed funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary's bank, or an intermediary bank designated.
