Lien And Power Of Sale Sample Clauses

Lien And Power Of Sale. 3.1 Without prejudice and in addition to any powers, authorities, rights, remedies, general lien, right of set off or similar right to which Galaxy International Futures may be entitled by law or otherwise, any funds, Securities, Commodities, Futures Contracts, options contract, or other properties held by Galaxy International Futures for any purpose for the Client or carried by Galaxy International Futures in the Client’s Account (either solely or jointly with others) or which may be in the possession or control of Galaxy International Futures, or in the possession or control of any member of the China Galaxy International in Hong Kong or in other parts of the world, at any time and for any purpose, including but not limited to safe-keeping, for the Client and/or in the Client’s name (hereinafter collectively called “Client’s Property”) shall be subject to a general lien in favour of Galaxy International Futures and are to be held by Galaxy International Futures as security for the payment of any liability of the Client to Galaxy International Futures. Galaxy International Futures shall also have the right to exercise any or all of the powers more particularly set out in clauses 3.5 and 3.6 of this Part E hereof in respect of the Client’s Property regardless of whether any other person is interested in the Client’s Property or Galaxy International Futures has made advances in connection with the Client’s Property and irrespective of the number of the Client’s Account. 3.2 The Client agrees that the Client shall be liable for all debit balance owing in the Client’s Account whether or not the Client’s Account is liquidated including all debts and/or deficiencies resulting from a liquidation of the Client’s Account. 3.3 Debit balance in the Client’s Account shall be charged with interest thereon at a rate to be determined by Galaxy International Futures from time to time with or without notice to the Client and the Client shall promptly settle, upon demand, all liabilities outstanding to Galaxy International Futures, together with all fees, costs, commissions, brokerage, levies, and other charges and expenses which Galaxy International Futures may charge against the Client in accordance with this Agreement and all costs, charges and expenses (including all legal fees and expenses on full indemnity basis) which Galaxy International Futures may incur in enforcing or obtaining payment from the Client or in attempting to do so. 3.4 The Client agrees to pay immed...
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Lien And Power Of Sale. The Operator reserves the right to withhold or prevent delivery of Cargo until all accrued and unpaid charges and fees or advance charges against the Cargo have been paid in full. As security for the payment of any amounts due under this Tariff, the Operator shall have a general lien over all Cargo, Bills of Lading, Waybills, permits or other documentation in its possession. Such lien shall not be affected by any temporary or partial extinction of any indebtedness due to the Operator. The lien shall extend to cover the cost of recovering sums due, including any legal or other fees as incurred, and the Operator shall have the right to sell Cargo that is subject of a lien by public auction or private sale without notice to the Cargo Owner, Vessel Owner or other Users. The Operator shall not be responsible for any loss or damage of whatsoever nature and howsoever caused, even if caused by an act, omission or the negligence of the Operator in the enforcement by the Operator of such lien or power of sale.
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Lien And Power Of Sale. We shall exercise such lien and power of sale rights (if any) in respect of the Precious Metals held for you below. Without prejudice to any lien or power of sale rights which we may have pursuant to this clause, or which any Sub-Custodian may have pursuant to the terms on which it holds Precious Metals for us, we shall not pledge, or create any security interest over, any Precious Metal held for you unless otherwise agreed with you. In addition to any general lien or other rights to which we may be entitled under any applicable law, we shall have a general lien over all Precious Metals held for you pursuant to this Agreement until the satisfaction of all liabilities, payments and obligations (whether actual or contingent) of you owed to us under this Agreement or otherwise (each a "Liability"). Nothing herein shall be construed or take effect as a charge or security interest requiring registration against you under English law. Failing payment or discharge by you on the due date therefore of any Liability, we shall be entitled without notice to or consent from you, and without prejudice to any other right or remedy which we may have, to sell all or any of the Precious Metals held for you in such manner and at such price as we may deem appropriate. Where we sell Precious Metals pursuant to this term, we shall apply the net proceeds of the sale in or towards payment or discharge of the relevant sum or liability as we may think fit, but shall not be liable for any loss suffered by you as result of such sale.
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Lien And Power Of Sale. The Bank shall have a lien on all property of the Customer coming into the possession or control of the Bank, for custody or any other reason and whether or not in the ordinary course of banking business, with power for the Bank to sell such property to satisfy any obligations owed by the Customer to the Bank.
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Lien And Power Of Sale. The Bank shall have a lien on all property of the Borrower coming into the possession or control of the Bank, for custody or for any other reason and whether or not in the ordinary course of banking business, as security, with power for the Bank to sell such property to satisfy any obligations owed by the Borrower to the Bank.
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Lien And Power Of Sale. 3.1 Without prejudice and in addition to any powers, authorities, rights, remedies, general lien, right of set off or similar right to which Galaxy International Futures may be entitled by law or otherwise, any funds, Securities, Commodities, Futures Contracts, options contract, or other properties held by Galaxy International Futures for any purpose for the Client or carried by Galaxy International Futures in the Client’s Account (either solely or jointly with others) or which may be in the possession or control of Galaxy International Futures, or in the possession or control of any member of the China Galaxy International in Hong Kong or in other parts of the world, at any time and for any purpose, including but not limited to safe-keeping, for the Client and/or in the Client’s name (hereinafter collectively called “Client’s Property”) shall be subject to a general lien in favour of Galaxy International Futures and are to be held by Galaxy International Futures as security for the payment of any liability of the Client to Galaxy International Futures. Galaxy International Futures shall also have the right to exercise any or all of the powers more particularly set out in clauses 3.5 and
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Lien And Power Of Sale. All the Client’s interest in any funds, securities, commodities, or other properties held by any of the Wing Xxxx Financial Group in any account for the Client (either individually or jointly with others) or which may be in the possession of any of the Wing Xxxx Financial Group in Hong Kong or elsewhere for any purpose shall be subject to a general lien in favour of Wing Xxxx. Wing Xxxx is entitled to sell such properties and utilize the proceeds to discharge all or part of the obligations of the Client to Wing Xxxx. For the purpose of such sale, Wing Xxxx is authorized to do all things necessary for effecting such sale without being liable to the Client for any loss. The Client shall have no claim against Wing Xxxx concerning the manner or the timing of such sale.
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Related to Lien And Power Of Sale

  • Authorization and Power Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.

  • Existence and Power The Seller is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as it is now conducted. The Seller has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Seller to perform its obligations under the Transaction Documents or affect the enforceability or collectibility of the Receivables or any other part of the Transferred Assets.

  • Authority and Power All authority and power granted to the Servicer under this Agreement shall automatically cease and terminate upon termination of this Agreement and shall pass to and be vested in the Borrower and, without limitation, the Borrower is hereby authorized and empowered to execute and deliver, on behalf of the Servicer, as attorney-in-fact or otherwise, all documents and other instruments, and to do and accomplish all other acts or things necessary or appropriate to effect the purposes of such transfer of servicing rights. The Servicer agrees to cooperate with the Borrower in effecting the termination of the responsibilities and rights of the Servicer to conduct servicing of the Collateral Portfolio.

  • Due Organization, Good Standing and Power Section 3.1 (a) of the Seller Schedule sets forth a true, complete and correct list of all the Subsidiaries, their respective jurisdictions of incorporation and the number of shares of capital stock of each Transferred Subsidiary outstanding and such number owned beneficially and of record by Seller or the Subsidiaries. Seller and each of the Subsidiaries is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and has the requisite corporate power and authority to own, lease and operate its property and to conduct the Analytical Instruments Business as currently conducted by it. Seller has all requisite corporate power and authority to enter into this Agreement and each of the other agreements contemplated hereby to be entered into by it and to perform its obligations hereunder and thereunder. Each Subsidiary has all requisite corporate power and authority to enter into each agreement contemplated hereby to be entered into by it and to perform its obligations thereunder. Each of Seller and each Subsidiary Asset Seller has all requisite corporate power and authority to convey good and marketable title to Buyer with respect to the Assets owned by it. Each Affiliate of Seller which owns Subsidiary Stock has all requisite corporate power and authority to enter into each agreement contemplated hereby to be entered into by it and to perform its obligations thereunder. Each Affiliate of Seller which owns Subsidiary Stock has all requisite corporate power and authority to convey good and marketable title to Buyer with respect to the Subsidiary Stock owned by it. Each of Seller and the Subsidiaries is duly authorized, qualified or licensed to do business as a foreign corporation and is in good standing in each of the jurisdictions in which its right, title or interest in or to any of the Assets held by it, or the conduct of the Analytical Instruments Business by it, requires such authorization, qualification or licensing, except where the failure to so qualify or to be in good standing would not, individually or in the aggregate, have a Seller Representation Adverse Effect or materially impair either (i) the ability

  • Due Organization and Authorization Borrower and each Subsidiary is duly existing and in good standing in its state of formation and qualified and licensed to do business in, and in good standing in, any state in which the conduct of its business or its ownership of property requires that it be qualified except where the failure to do so could not reasonably be expected to cause a Material Adverse Change. In connection with this Agreement, the Borrower delivered to the Bank a certificate signed by the Borrower and entitled "Perfection Certificate". The Borrower represents and warrants to the Bank that: (a) the Borrower's exact legal name is that indicated on the Perfection Certificate and on the signature page hereof; and (b) the Borrower is an organization of the type, and is organized in the jurisdiction, set forth in the Perfection Certificate; and (c) the Perfection Certificate accurately sets forth the Borrower's organizational identification number or accurately states that the Borrower has none; and (d) the Perfection Certificate accurately sets forth the Borrower's place of business, or, if more than one, its chief executive office as well as the Borrower's mailing address if different, and (e) all other information set forth on the Perfection Certificate pertaining to the Borrower is accurate and complete. If the Borrower does not now have an organizational identification number, but later obtains one, Borrower shall forthwith notify the Bank of such organizational identification number. The execution, delivery and performance of the Loan Documents have been duly authorized, and do not conflict with Borrower's organizational documents, nor constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement to which or by which it is bound in which the default could reasonably be expected to cause a Material Adverse Change.

  • Organization and Power The Purchaser is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation and has all requisite power and authority to carry on its business as presently conducted and as proposed to be conducted.

  • Organization, Good Standing and Power The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has the requisite corporate power and authority to own, lease and operate its properties and assets and to conduct its business as it is now being conducted. The Company and each Subsidiary is duly qualified as a foreign corporation to do business and is in good standing in every jurisdiction in which the nature of the business conducted or property owned by it makes such qualification necessary, except for any jurisdiction in which the failure to be so qualified would not have a Material Adverse Effect.

  • Purpose and Powers of the Company The Company is organized for the purpose of carrying on any lawful activity for which limited liability companies may be formed under the Act. The Company shall possess and may exercise all of the powers and privileges granted by the Act or by any other law or by this Agreement, together with any powers incidental thereto, so far as such powers and privileges are necessary or convenient to the conduct, promotion or attainment of the business purposes or activities of the Company contemplated by this Agreement.

  • Organization and Powers Each Loan Party is a corporation duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation as specified in Schedule 5.1 annexed hereto. Each Loan Party has all requisite corporate power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents and Related Agreements to which it is a party and to carry out the transactions contemplated thereby.

  • Purpose and Powers (a) The Company is organized for the purposes of undertaking such activities as determined by the Board and, subject to the terms and conditions herein and of the Delaware Act, the Members, which are permitted by applicable law and engaging in activities incidental or ancillary thereto. Notwithstanding the forgoing, the Company has been organized to form a subsidiary which will acquire the artwork as identified on Schedule 1 (the “Painting”) and undertake certain actions with respect thereto. (b) The Company shall possess and may exercise all the powers and privileges granted by the Delaware Act or by any other law or by this Agreement, together with any powers incidental thereto, which are necessary or convenient to the conduct, promotion or attainment of the business, purposes or activities of the Company.

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