Common use of Insufficient Funds/Overdrafts Clause in Contracts

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 any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover an overdraft in an Account we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, in the absence of a specific written agreement to the contrary with you, Helm shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”).

Insufficient Funds/Overdrafts. If We will generally not pay items such as ATM or one-time debit card transactions when the balance of collected funds in an 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 item or items drawn by you thereonoverdraft of your Account, we will not be assess an overdraft fee. With respect to items other than ATM or one-time debit card transactions, we are not required to pay such item(s), but 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 the such item(s). If we, at our sole discretion, agree to pay such iteman item other than an ATM or one-time debit card transaction that would create an overdraft on your Account, we may charge and deduct an a flat minimum overdraft charge fee (set forth from the Account (“Overdraft Charge”)time to time in our Fee Schedule) from your Account, and you agree to pay the overdraft balance and the Overdraft Charge overdraft fee within five (5) calendar days from the date of the overdraft. In 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, we the Branch shall have the right, at our its 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 any Account which you may have at Helmwith us, the amount of such the overdraft and Overdraft Interest thereon, without the prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is For overdrafts caused by items other than ATM or one-time debit card transactions, the lowest Branch shall also have the right, at its sole discretion, to set-off against or best rate charge to any Account the amount of interest offered by Xxxx for overdrafts due on such overdraft and the minimum overdraft fee, without the prior notice to or for loans the consent of any other kindthe Customer. In order to provide funds with which to pay an item presented for payment on an Account, Account or to cover an overdraft in an Account Account, we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market Market, or a Time Deposit Account; however, in the absence of a specific written agreement to the contrary with you, Helm we shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a If you maintain an overdraft credit facility whereby with the Branch to secure the payment of any overdraft, any interest accruing thereon and any fee therefore, you will hereby grant us the pledge and security interest set forth in Paragraph 37 of this Agreement. The term “prime rate” shall be permitted the rate of interest per annum announced by the Branch from time to time as its prime interest rate. It is the intention of the parties hereto that the provisions herein and all agreements between the Customer and the Branch shall not provide directly or indirectly for the payment of a greater rate of interest or the retention of any other charge than is allowed by governing law. If, from any circumstances whatsoever, the fulfillment of any obligation hereunder, or of any other agreement between Customer and the Branch, at the time performance of such obligation shall be due, shall cause the effective rate of interest upon the sums evidenced hereby to overdraft a specified Account up to a specified aggregate exceed the maximum amount not rate of interest allowed by governing law, then the obligation to be exceeded at fulfilled shall be automatically reduced to the extent necessary to prevent the effective rate of interest hereunder from exceeding the maximum rate allowable by governing law, and to the extent that the Branch shall receive any one time (“Overdraft Facility”)sum which would constitute excessive interest, such sum shall be applied to the reduction of the unpaid principal balance due hereunder and not the payment of interest or, if such excessive interest exceeds the unpaid balance of principal, the excess shall be refunded to the Customer and Customer agrees to accept such refund. This provision shall control every other provision of all agreements between the Customer and the Branch.

Insufficient Funds/Overdrafts. If the balance of collected We may determine whether your account contains sufficient 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 check or other item at any time between the processing time we receive the check or other item and our return deadline, and only one determination of the item(s)account balance is required. If we, at our sole discretion, agree determination reveals insufficient available funds to pay such the check or other item, we are not required to honor the check or other item and may deduct an overdraft charge from the Account (“Overdraft Charge”)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 balance and the Overdraft Charge within five (5) calendar days from the date of 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 event 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 balance 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 Accountoverdraft in your account, we shall have you agree to deposit sufficient funds to cover the right, at our sole discretion, to overdraft and the related service charge you interest on the amount upon notice of the overdraft at such interest rate as and to reimburse us for any costs we deem appropriate (but 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 exceed the highest interest rate allowed by applicable law) (“Overdraft Interest”)honor any future overdrafts, and you should not rely on us to set-off against or charge to any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover honor an overdraft in an Account even if we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, have done so in the absence of a specific written agreement to the contrary with you, Helm shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)past.

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 We are 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 any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which obligated to pay an item presented for payment on an Account, or to cover an overdraft in an Account if your account does not contain a sufficient Available Balance. Personal accountholders must provide consent before we may, at our sole discretion, transfer authorize ATM withdrawals and debit card purchases that would overdraw an account. The presentment of an item for which there are insufficient funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, in the absence of a specific written agreement account may result in an overdraft charge if we, at our option, pay the item. If we return an item due to insufficient funds, we may charge an NSF fee on business accounts. The payee or its agent may present additional requests for payment related to the contrary with yousame transaction. We have no control over how many times a payee or its agent may submit additional requests for payment after we have returned an item due to insufficient funds. Each request for payment is a separate presentment for purposes of assessing NSF or overdraft fees. This means business accounts may be assessed more than one NSF fee if a payee or its agent submits multiple requests for payment related to the same transaction. We are not required to give you prior notice of an NSF item posting to your account. In addition, Helm shall if payment is not received for any deposited item, the amount of the item will be under no obligation charged back to provide funds from another Accountyour account and may create an overdraft for which you may be charged a fee. You may specifically request agree to deposit, or pay on demand, sufficient funds to cover the amount of any overdraft together with any overdraft fees and to reimburse us for any costs we incur in writingcollecting the overdraft from you including, in without limitation, attorneys’ fees and the appropriate form provided by Xxxxcosts of litigation. Our payment of any item or other debit that causes an overdraft on one (1) or more occasions does not obligate us to allow such overdrafts on any future occasion. You should not rely on us to honor an overdraft. Furthermore, that Xxxx xxxxx youwe encourage you to keep careful records and practice good account management; this practice will help you avoid (i) writing checks or authorizing debits, subject to such terms as online bill payments or recurring preauthorized debits, without sufficient available funds, and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)ii) incurring the resulting fees.

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 We are 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 any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which obligated to pay an item presented for payment on an Account, or to cover an overdraft in an Account if your account does not contain a sufficient Available Balance. Customers must provide consent before we may, at our sole discretion, transfer funds from one Account authorize ATM withdrawals and debit card purchases that would overdraw an account. The presentment of yours to another Account of yoursan item for which there are NSF in the account may result in an NSF charge or an overdraft charge, regardless of whether either Account we, at our option, pay or dishonor the item. After an item is joint returned due to NSF, the payee or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, in the absence of a specific written agreement its agent may present additional requests for payment related to the contrary with yousame transaction. We have no control over how many times a payee or its agent may submit additional requests for payment after we have returned an item due to insufficient funds. Each request for payment is a separate presentment for purposes of assessing NSF and overdraft fees. This means you may be assessed more than one service charge if a payee or its agent submits multiple requests for payment related to the same transaction. In addition, Helm shall if payment is not received for any deposited item, the amount of the item will be under no obligation charged back to provide funds from another Accountyour account and may create an overdraft for which you may be charged a fee. We are not required to give you prior notice of an NSF item posting to your account. You may specifically request agree to deposit, or pay on demand, sufficient funds to cover the amount of any overdraft together with any overdraft fees and to reimburse us for any costs we incur in writingcollecting the overdraft from you including, in without limitation, attorneys’ fees and the appropriate form provided by Xxxxcosts of litigation. Our payment of any item or other debit that causes an overdraft on one (1) or more occasions does not obligate us to allow such overdrafts on any future occasion. You should not rely on us to honor an overdraft. Furthermore, that Xxxx xxxxx youwe encourage you to keep careful records and practice good account management; this practice will help you avoid (i) writing checks or authorizing debits, subject to such terms as online bill payments or recurring preauthorized debits, without sufficient available funds, and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)ii) incurring the resulting fees.

Insufficient Funds/Overdrafts. If on any day, the balance of collected available funds in your share draft account are not sufficient to cover drafts, fees or other items posted to your account, those amounts will be handled in accordance with the overdraft protection plan you have with the Credit Union. The Credit Union’s determination of an Account is insufficient account balance may be made at any time between presentation and the Credit Union’s return deadline with only one review of the account required. The Credit Union has no duty to pay notify you of an item or items drawn by you thereon, we insufficient funds draft. Your account will not then be required subject to pay such item(s), but you agree to pay a service charge for the processing item whether paid or returned as set forth in the Rate and return Fee Schedule. You are responsible for the full amount of any overdraft and the related service charges. We can enforce overdraft liability in a joint account against any joint owner individually (and each joint account owner agrees to be liable for all overdraft liability in the joint account), even if the joint owner did not sign the item creating the overdraft or receive any benefits from its proceeds. You agree to deposit sufficient funds to cover the overdraft and the related service charge immediately upon notice of the item(s)overdraft and to reimburse us for any costs we incur in collecting the overdraft from you, including, without limitation, reasonable attorney’s fees and the costs of litigation to the extent permitted by law. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. If wethe Credit Union pays a draft or imposes a fee that would otherwise overdraw your account, 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 overdrawn amount immediately. We reserve the Overdraft Charge within five (5) calendar days from the date right to pursue collection of the overdraftpreviously dishonored items at any time, including giving a payer bank extra time beyond any midnight deadline limits. In the event of an overdraft balance in an Account, we shall have the right, at our sole discretion, to Items submitted for payment through GEFCU’s Online Xxxx Pay Service will 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”)a fee for insufficient funds per presentment, and to set-off against or charge to any Account which may be presented twice by the Online Xxxx Pay processor. Fees charged by the Online Xxxx Payment processor are over and above the return fees charged by GEFCU. Any account with a negative balance for more than fifteen (15) days may be closed. Beginning July 1, 2010, if you may have at Helmoverdraw your checking account more than 5 times in a twelve month period with debit card transactions, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover an overdraft in an Account we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, in the absence of a specific written agreement to the contrary with you, Helm shall debit card (s) may be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)closed.

Insufficient Funds/Overdrafts. If If, on any day, the available balance in your account is not sufficient to pay the full amount of collected 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 an Account your account is insufficient sufficient to pay an item or items drawn by you thereonat any time between presentation of the item and our midnight deadline, we will with only one review of the account required. We are not be required to pay such item(s), but notify you agree 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 resubmitted for payment; therefore, you may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned item. If you have established an overdraft service charge with us that links your share or deposit account with other Credit Union accounts of yours, you authorize us to transfer funds from those accounts to cover the amount of any items that exceed the available balance in your account as well as the amount of any fee assessed for the processing and return of the item(s)transfer. Such transfers may be made from another share or deposit account, an overdraft line-of-credit account, or other account you so designate. If we, at our sole discretiondiscretion and as a courtesy to you, agree to pay such itemhonor items that exceed the available balance in your account, we may deduct an overdraft charge from the Account (“Overdraft Charge”), account will be overdrawn and you agree to pay repay the overdrawn amount, plus any fee assessed by us, in accordance with the requirements established in any other agreement with us that governs this overdraft balance and the Overdraft Charge within five (5) calendar days from the date of the overdraftprotection service. In the event of an overdraft balance in an AccountBy exercising our discretionary right to honor such items, we shall have the right, at our sole discretion, do not agree 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 any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover an overdraft in an Account we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, honor them in the absence of a specific written agreement to the contrary with you, Helm shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)future.

Insufficient Funds/Overdrafts. If on any day, the balance of collected available funds in your share draft account are not sufficient to cover drafts, fees or other items posted to your account, those amounts will be handled in accordance with the overdraft protection plan you have with the Credit Union. The Credit Union’s determination of an Account is insufficient account balance may be made at any time between presentation and the Credit Union’s return deadline with only one review of the account required. The Credit Union has no duty to pay notify you of an item or items drawn by you thereon, we insufficient funds draft. Your account will not then be required subject to pay such item(s), but you agree to pay a service charge for the processing item whether paid or returned as set forth in the Rate & Fee Schedule. You are responsible for the full amount of any overdraft and return the related service charges. We can enforce overdraft liability in a joint account against any joint owner individually (and each joint account owner agrees to be liable for all overdraft liability in the joint account), even if the joint owner did not sign the item creating the overdraft or receive any benefits from its proceeds. You agree to deposit sufficient funds to cover the overdraft and the related service charge immediately upon notice of the item(s)overdraft and to reimburse us for any costs we incur in collecting the overdraft from you, including, without limitation, reasonable attorneys’ fees and the costs of litigation to the extent permitted by law. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. If wethe Credit Union pays a draft or imposes a fee that would otherwise overdraw your account, 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 overdrawn amount immediately. We reserve the Overdraft Charge within five (5) calendar days from the date right to pursue collection 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 any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover an overdraft in an Account we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, in the absence of a specific written agreement to the contrary with you, Helm shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded previously dishonored items at any one time, including giving a payer bank extra time (“Overdraft Facility”)beyond any midnight deadline limits.

Insufficient Funds/Overdrafts. If We will generally not pay items such as ATM or one-time debit card transactions when the balance of collected funds in an 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 item or items drawn by you thereonoverdraft of your Account, we will not be assess an overdraft fee. With respect to items other than ATM or one-time debit card transactions, we are not required to pay such item(s), but 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 the such item(s). If we, at our sole discretion, agree to pay such iteman item other than an ATM or one-time debit card transaction that would create an overdraft on your Account, we may charge and deduct an a flat minimum overdraft charge fee (set forth from the Account (“Overdraft Charge”)time to time in our Fee Schedule) from your Account, and you agree to pay the overdraft balance and the Overdraft Charge overdraft fee within five (5) calendar days from the date of the overdraft. In 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, we the Branch shall have the right, at our its 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 any Account which you may have at Helmwith us, the amount of such the overdraft and Overdraft Interest thereon, without the prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is For overdrafts caused by items other than ATM or one-time debit card transactions, the lowest Branch shall also have the right, at its sole discretion, to set-off against or best rate charge to any Account the amount of interest offered by Xxxx for overdrafts due on such overdraft and the minimum overdraft fee, without the prior notice to or for loans the consent of any other kindthe Customer. In order to provide funds with which to pay an item presented for payment on an Account, Account or to cover an overdraft in an Account Account, we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market Market, or a Time Deposit Account; however, in the absence of a specific written agreement to the contrary with you, Helm we shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a If you maintain an overdraft credit facility whereby with the Branch to secure the payment of any overdraft, any interest accruing thereon and any fee therefore, you will hereby grant us the pledge and security interest set forth in Paragraph 37 of this Agreement. The term “prime rate” shall be permitted the rate of interest per annum announced by the Branch from time to time as its prime interest rate. It is the intention of the parties hereto that the provisions herein and all agreements between the Customer and the Branch shall not provide directly or indirectly for the payment of a greater rate of interest or the retention of any other charge than is allowed by governing law. If, from any circumstances whatsoever, the fulfillment of any obligation hereunder, or of any other agreement between Customer and the Branch, at the time performance of such obligation shall be due, shall cause the effective rate of interest upon the sums evidenced hereby to overdraft a specified Account up to a specified aggregate exceed the maximum amount not rate of interest allowed by governing law, then the obligation to be exceeded at fulfilled shall be automatically reduced to the extent necessary to prevent the effective rate of interest hereunder from exceeding the maximum rate allowable by governing law, and to the extent that the Branch shall receive any one time (“Overdraft Facility”)sum which would constitute excessive interest, such sum shall be applied to the reduction of the unpaid principal balance due hereunder and not the payment of interest or, if such excessive interest exceeds the unpaid balance of principal, the excess shall be refunded to the Customer and Customer agrees to accept such refund. This provision shall control every other provision of all agreements between the Customer and the Branch.

Insufficient Funds/Overdrafts. If the balance of collected We may determine whether your account contains sufficient 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 check or other item at any time between the processing time we receive the check or other item and our return deadline, and only one determination of the item(s)account balance is required. If we, at our sole discretion, agree determination reveals insufficient available funds to pay such the check or other item, we are not required to honor the check or other item and may deduct an overdraft charge from the Account (“Overdraft Charge”)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 balance and the Overdraft Charge within five (5) calendar days from the date of 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 event 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 balance 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 Accountoverdraft in your account, we shall have you agree to deposit sufficient funds to cover the right, at our sole discretion, to overdraft and the related service charge you interest on the amount upon notice of the overdraft at such interest rate as and to reimburse us for any costs we deem appropriate (but 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 exceed the highest interest rate allowed by applicable law) (“Overdraft Interest”)honor any future overdrafts, and you should not rely on us to set-off against or charge to any Account which you may have at Helm, the amount of such overdraft and Overdraft Interest thereon, without prior notice to or the consent of the Customer. Xxxx makes no representation that Xxxx’x Overdraft Interest is the lowest or best rate of interest offered by Xxxx for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or to cover honor an overdraft in an Account even if we may, at our sole discretion, transfer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/or a Demand Deposit, Money Market or a Time Deposit Account; however, have done so in the absence of a specific written agreement to the contrary with you, Helm shall be under no obligation to provide funds from another Account. You may specifically request in writing, in the appropriate form provided by Xxxx, that Xxxx xxxxx you, subject to such terms and conditions we deem appropriate, a credit facility whereby you will be permitted from time to time to overdraft a specified Account up to a specified aggregate maximum amount not to be exceeded at any one time (“Overdraft Facility”)past.