In Re Xxxxxx Sample Clauses

In Re Xxxxxx. Xxxxxx bought refrigerator from Sight ‘N Sound using store credit card • Court (p. 153): “all merchandise” didn’t adequately describe refrigerator. Do you agree? • Case is wrongly decided (seriously so) • What’s wrong with this statement? • Financing statements (UCC-1s) give notice DEBTOR XXXX 000 XXXX XXXXXX ANYTOWN XX 99010 FIRST BANK 5 BROADWAY ANYTOWN XX 99002 DEBTOR’S INVENTORY AND EQUIPMENT • Suppose Second Bank was considering a loan to Xxxx Xxxxxx, to be secured by Xxxx’s computer – Xxxx says: my computer isn’t covered by First Bank’s security agreement – Second Bank reads First Bank’s security agreement, and it doesn’t cover Xxxx’s computer • Can Second Bank be assured of priority if it then makes a loan to Xxxx and takes SI in his computer? • NO! At some later date, Xxxx might xxxxx First Bank a new security interest in the computer – If Xxxx does so, First Bank’s already-filed UCC-1 financing statement would be sufficient to perfect that security interest! – And, based on first-to-file-or-perfect, First Bank would then have priority over Second Bank with respect to the computer [§ 9-322(a)(1)] – Turn each credit card charge slip into a separate security agreement, have it describe item (by make, model, etc.) and grant SI in that item – Easily done now, w/computerized systems – When customer signs (authenticates) charge slip, § 9-203(b) satisfied
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In Re Xxxxxx. Shoe Company (charitable pledge enforced because relied upon in using pledge it to get other pledges)
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In Re Xxxxxx. [1897] 1 IR 575 the deceased had guaranteed the current account of a firm. Xxxxxx died in April 1895 but the bank did not find out until November and the account was not closed until January 1896. The issue to be determined by the court was whether Whelan’s estate were liable for amounts overdrawn on the account after his death. The Court held that advances made after his death but before the bank became aware of his death were recoverable, but those made after the bank was made aware were not. An acceptance must be unequivocal; if different terms are proposed, this is regarded as a counter offer, which rejects the first offer. A counter-offer will amount to a rejection of the original offer. In many in-stances rejection may be accompanied by an offer with new terms. XxXxxxxxx acknowledges that “[i]f the response to the offer is anything less than a clear and unequivocal acceptance of the exact terms of the offer, then the response will be seen as a counter-offer.”
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Related to In Re Xxxxxx

  • SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX UNBUNDLED LOCAL SWITCHING, PORT USAGE End Office Switching (Port Usage) End Office Switching Function, Per MOU 0.001868 End Office Trunk Port - Shared, Per MOU 0.00018 Tandem Switching (Port Usage) (Local or Access Tandem) Tandem Switching Function Per MOU 0.0001067 Tandem Trunk Port - Shared, Per MOU 0.000222 Tandem Switching Function Per MOU (Melded) 0.000035296 Tandem Trunk Port - Shared, Per MOU (Melded) 0.000073438 Melded Factor: 33.08% of the Tandem Rate Common Transport Common Transport - Per Mile, Per MOU 0.0000032 Common Transport - Facilities Termination Per MOU 0.0003748

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Xxxx-Xxxxx-Xxxxxx Notwithstanding any other provision in this Agreement, in the event the Xxxx Xxxxx Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”), is applicable to any Member by reason of the fact that any assets of the Company will be distributed to such Member in connection with the dissolution of the Company, the distribution of any assets of the Company shall not be consummated until such time as the applicable waiting periods (and extensions thereof) under the HSR Act have expired or otherwise been terminated with respect to each such Member.

  • Xxxxx Xxxxx Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.

  • Xxxx Xxxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxx Xxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxxx Xxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxx Xxxxx Where the parties cannot agree on an arbitrator, one of the above named will be chosen at random.

  • XXXX XXXXXXXXXX BIN XXXXXX Tel/Fax : 00-0000 0000/00-0000 0000 XXXXXX XXXXX XXXXX Ruj. Xxxx : HAH/3447/AMBB/22 XXXXXX XXXXX XXXXXX Website : xxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx (Pelelong Berlesen)

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

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