Insufficient Funds/Overdrafts. We may determine whether your account contains sufficient funds to pay a check or other item at any time between the time we receive the check or other item and our return deadline, and only one determination of the account balance is required. If our determination reveals insufficient available funds to pay the check or other item, we are not required to honor the check or other item and may return it, and you agree to pay us a service charge for such determination and return. Alternatively, we may honor the check or other item, create an overdraft and impose a service charge for paying the overdraft. Moreover, we are not required to send you prior notice on checks returned for insufficient funds. In the case of a controlled disbursement arrangement between us and you, to the extent required by such controlled disbursement arrangement, we will honor the check or other item, create an overdraft and impose a service charge for paying the overdraft, provided, however, that no fee or service charge will be imposed by us in the event any overdraft or insufficient funds condition in your Account is caused by our failure to notify you in a timely fashion of any required funding. In any case in which we create an overdraft in your account, you agree to deposit sufficient funds to cover the overdraft and the related service charge upon notice of the overdraft and to reimburse us for any costs we incur in collecting the overdraft from you including, without limitation, attorneys’ reasonable fees and the costs of litigation to the extent permitted by law. However, the honoring of one or more overdrafts does not obligate us to honor any future overdrafts, and you should not rely on us to honor an overdraft even if we have done so in the past.
Insufficient Funds/Overdrafts. We will generally not pay items such as ATM or one-time debit card transactions when the balance of collected funds in your Account is insufficient to pay such ATM or one-time debit card transaction(s). We will also not charge a service fee for processing and declining such item. In cases where we do pay ATM or one-time debit card transactions that would result in an overdraft of your Account, we will not assess an overdraft fee. With respect to items other than ATM or one-time debit card transactions, we are not required to pay these items when doing so would result in an overdraft on your Account and you agree to pay a service charge for the processing and return of such item(s). If we, at our sole discretion, agree to pay an item other than an ATM or one-time debit card transaction that would create an overdraft on your Account, we may charge and deduct a flat minimum overdraft fee (set forth from time to time in our Fee Schedule) from your Account, and you agree to pay the overdraft balance and the overdraft fee within five (5) calendar days from the date of the overdraft. While any of your Accounts remain in overdraft due to items other than ATM or one-time debit card transactions, we will charge you interest. Such interest will be charged on the amount of the overdrafts caused by items other than ATM or one- time debit card transactions. Such interest will be at the fluctuating per annum rate equal to two percent (2%) (subject to change at any time, but not to exceed four percent (4%)) above the rate which the Branch designates from time to time as its prime or reference rate of interest, in addition to the flat minimum overdraft fee set forth from time to time in our Fee Schedule. This rate will change each time a new prime or reference rate of interest is so designated by us. Such interest will be calculated on the basis of a 360-day year for the actual number of days elapsed, and will be charged to any of your Accounts on the last Business Day of each month. If you maintain more than one (1) account at the Branch, you agree that, in the event of an overdraft balance in an Account, the Branch shall have the right, at its sole discretion, to set-off against or charge to any Account you may have with us, the amount of the overdraft without the prior notice to or the consent of the Customer. For overdrafts caused by items other than ATM or one-time debit card transactions, the Branch shall also have the right, at its sole discretion, to set-off agains...
Insufficient Funds/Overdrafts. If there are insufficient funds in your account or if sufficient funds are not available for withdrawal when an item is presented for payment, the Bank may, but is not required to, pay the item and create an overdraft without prior notice to you. You agree to deposit sufficient funds to cover the overdraft promptly after the Bank gives you notice of the overdraft. You understand that a service charge will be incurred under such circumstances whether the Bank pays the item or dishonors it, and that the Bank reserves the right to charge interest at the maximum lawful rate on any overdraft in any account until the overdraft is paid in full. In deter mining the balance in your account for purposes of ascertaining whether the payment of a particular check results in an overdraft, the Bank may review your account at any time between presentment of the check and midnight of the next business day following the banking day on which the Bank receives the check. If necessary in order to provide the Bank funds with which to pay an item presented for payment on an account of yours, or funds to cover an overdraft in an account of yours (and interest on such overdraft), the Bank may, in its sole discretion, transfer funds from one account of yours to another account of yours, whether either of such accounts be a joint or single individual account and whether either be a demand deposit, an interest-bearing transaction account, or a time deposit account.
Insufficient Funds/Overdrafts. In the event your Account does not have available and/or collected funds sufficient on the Settlement Date to cover the total amount of all Entries to be paid on such Settlement Date, we may take any of the following actions: (A) Refuse to process all Entries, in which event we shall return the data relating to such credit Entries to you, whereupon we shall have no liability to you or to any third party as a result thereof; (B) Process that portion of the credit Entries that may be covered by your available funds, which we may process in whatever order we, in our sole discretion, shall elect to process, and in doing so, we shall return the data relating to such credit Entries that are not processed, whereupon we shall have no liability to you or any third party as a result thereof; or (C) Process all credit Entries. In the event we elect to process credit Entries notwithstanding that you do not have sufficient available funds in your Account to cover such Entries, the total amount of the insufficiency advanced by us on your behalf or overdraft amount shall be immediately due and payable without further demand. If we elect to pay your account in the overdraft on any one or more occasions, it shall not be considered a waiver of any of our rights to refuse to do so at any other time nor shall it be an agreement to pay other items in the overdraft.
Insufficient Funds/Overdrafts. If, on any day, the available balance in your account is not sufficient to pay the full amount of a check, draft, transaction or other item that is presented for payment from the account, we may return the item or pay it in accordance with our overdraft policies or any overdraft service you have established with us. We are not required to pay any item that exceeds the available balance in your account. Items drawn on your account may be paid in any order we choose. The available balance for your account is determined according to our funds availability policy and may reflect pending transactions you have authorized but have not yet posted to your account. We may determine whether the available balance in your account is sufficient to pay an item at any time between presentation of the item and our midnight deadline, with only one review of the account required. We are not required to notify you if your account does not have sufficient available funds to pay the item. Your account may be subject to a fee as disclosed in our business account fee schedule for each item presented against an insufficient available balance, regardless of whether we return or pay the item. We may charge a fee each time an item is submitted or
Insufficient Funds/Overdrafts. If the balance of collected funds in an Account is insufficient to pay an item or items drawn by you thereon, we will not be required to pay such item(s), but you agree to pay a service charge for the processing and return of the item(s). If we, at our sole discretion, agree to pay such item, we may deduct an overdraft charge from the Account (“Overdraft Charge”), and you agree to pay the overdraft balance and the Overdraft Charge within five (5) calendar days from the date of the overdraft. In the event of an overdraft balance in an Account, we shall have the right, at our sole discretion, to charge you interest on the amount of the overdraft at such interest rate as we deem appropriate (but not to exceed the highest interest rate allowed by applicable law) (“Overdraft Interest”), and to set-off against or charge to
Insufficient Funds/Overdrafts. If, on any day, the available balance in your account is not sufficient to pay the full amount of a check, draft, transaction or other item that is presented for payment from the account, we may return the item or pay it in accordance with our overdraft policies or any overdraft service you have established with us. We are not required to pay any item that exceeds the available balance in your account. Items drawn on your account may be paid in any order we choose. The available balance for your account is determined according to our funds availability policy and may reflect pending transactions you have authorized but have not yet posted to your account. We may determine whether the available balance in your account is sufficient to pay an item at any time between presentation of the item and our midnight deadline, with only
Insufficient Funds/Overdrafts. If, on any day, the available balance in your account is not sufficient to pay the full amount of a check, draft, transaction or other item that is presented for payment from the account, we may return the item or honor it in accordance with our overdraft policies or any overdraft service you have established with us.
Insufficient Funds/Overdrafts. We are not obligated to pay an item presented if your account does not contain sufficient available funds. Customers must provide consent before we may, at our discretion, authorize ATM withdrawals and debit card purchases that would overdraw an account. The presentment of an item for which there are insufficient funds (NSF) in the account will result in a service charge regardless of whether we, at our option, pay or dishonor the
