MODIFICATION AND INDULGENCE. The Customer and/or the Chargor expressly consents and agrees that the Chargee may at any time and without in any way affecting the validity of the security, liabilities, and obligations created under this Charge:
(a) determine, change, or increase the Facilities granted to the Customer, and open and/or continue any account or accounts current or otherwise with the Customer and/or the Chargor and/or any Security Party at any branch or branches of the Chargee;
(b) grant to the Customer and/or the Chargor and/or any Security Party any time or indulgence;
(c) renew any bills/Islamic bills, notes/Islamic notes, or other negotiable securities;
(d) deal with, exchange, release, modify, or abstain from perfecting or enforcing any securities or other guarantees or rights it may now or in future have from or against the Customer and/or the Chargor and/or any Security Party or any other person;
(e) compound with the Customer and/or the Chargor and/or any Security Party and/or any other person;
(f) at the request of the Customer and/or the Chargor and/or any Security Party accept payment of any monies due or becoming due under this Charge by such increased or reduced instalments as may be agreed, or agree to suspend payments in reduction of principal or give such further time for payment or grant such indulgences as may be agreed;
(g) grant further facilities to the Customer, reinstate, change, interchange, substitute or convert the Facilities or any of them, or any of the principal limits or sub-principal limits of the Facilities;
(h) review, amend, or vary the Facilities granted to the Customer or its terms and conditions; and
(i) have recourse to all or any remedies or means for recovering the monies hereby secured which may be available for such purpose at such time and in such order and manner as the Chargee may think fit.
MODIFICATION AND INDULGENCE. MBSB may at any time and without in any way affecting the security hereby created :-
(a) review the loan hereby granted and determine, vary, reduce or increase the amount of the Loan or any credit or other facility granted to the Borrower(s) at such time(s) as MBSB shall in its absolute discretion think fit and the Chargor(s) and the Borrower(s) hereby expressly consent(s) to any such review, determination, variation, reduction and/or increase as may be effected or determined by MBSB pursuant to the provisions of this Clause;
(b) vary the terms and conditions herein contained in such manner and at such time(s) (as MBSB shall in its absolute discretion think fit) and the Chargor(s) and the Borrower(s) hereby expressly consent(s) to any such variation of the terms and conditions as may be effected or determined by MBSB pursuant to the provisions of this Clause;
(c) modify or restructure or alter the nature of the Loan herein granted in such manner and at such time(s) as MBSB shall in its absolute discretion think fit and the Chargor(s) and the Borrower(s) hereby expressly consent(s) to any such modification or restructuring or alteration as may be effected or determined by MBSB pursuant to the provisions of this Clause;
(d) grant to the Chargor(s) and/or the Borrower(s) or to any other person or guarantor any time or indulgence;
(e) renew any bills notes or other negotiable securities;
(f) deal with exchange release or modify or abstain from perfecting or enforcing any securities or other guarantees or rights it may now or at any time hereafter or from time to time have from or against the Chargor(s) and/or to the Borrower(s) or any other person;
(g) compound or otherwise enter into any scheme of arrangement or composition with the Borrower(s) and/or the Chargor(s) or any other person or guarantor(s);
(h) vary from time to time the terms and conditions of the loan given herein to comply with all relevant rules decisions and rulings of Bank Negara Malaysia whether the same be made before or after the creation of this charge herein;
(i) vary the amount of any monthly instalments to be paid by the Borrower(s) to MBSB.
MODIFICATION AND INDULGENCE. 9.05.1 The Chargee may at any time with prior notice and without in any way affecting the security hereby created subject to Xxxxxxx’s consent:-
(a) determine vary or increase any credit or other facility granted to the Chargor and may open or continue any account or accounts (or both) with the Chargor at any branch or branches of the Chargee, in accordance with the provisions in Clauses 9.05.2, 9.05.3, 9.05.4 and 9.05.5;
(b) grant to the Chargor any time or indulgence;
(c) deal with, exchange, release or modify or abstain from perfecting or enforcing any security or other guarantee or right it may now or at any time hereafter or from time to time have from or against the Chargor;
(d) enter into any deed of composition with the Chargor.
9.05.2 For the purposes of compliance to any new legislation applicable to the Chargee / changes in law / any new guidelines issued by BNM, the Chargee shall be entitled to amend any of the terms and conditions of this Charge through:
(a) display of the amended terms and conditions in the Chargee’s branches; and/or
(b) uploading the amended terms and conditions on the Chargee’s website.
9.05.3 The Chargor agrees that the Chargee may provide notice of the amendment of the terms and conditions of this Charge through any one / more of the following means:
(a) notice on the notice board / any conspicuous section of the Chargee’s branches;
(b) notice on the display screen of the Chargee’s electronic terminals;
(c) notice on the Chargee’s website;
(d) notice in the periodic statement of account sent to the Charge (if applicable);
(e) notice in writing in the Chargee’s preferred format to the Chargor’s address as per the Chargee’s records; and/or
(f) notice by any other means as the Chargee deems fit and acceptable to the Chargor.
9.05.4 Subject to this Charge, if the Chargor is not agreeable to the amended terms and conditions of this Charge, the Chargor shall notify the Chargee in writing of the same within twenty-one (21) calendar days from the date of notice by the Chargee and the Chargor shall redeem the Facility by paying the Indebtedness and all sums dues to the Chargee in full.
9.05.5 In the event the Chargor and the Chargor continues to maintain the Facility, twenty-one (21) calendar days after the notice of any amendment to the terms and conditions of this Charge by the Chargee, the Chargor shall be deemed to have accepted the amendments to the terms and conditions of this Charge.
MODIFICATION AND INDULGENCE. 16.1 The Bank may, at any time without affecting the security provided to the Bank under this Agreement:
(a) determine, vary, modify, restructure, reduce / increase the Facility, in accordance with the provisions in Section 17 below; and/or
(b) grant to the Borrower and if the Borrower consists of more than one person, to either of the Borrower any indulgences; and/or
(c) grant to the Security Party / other surety any indulgences; and/or
(d) deal with, exchange, release, modify / abstain from perfecting / enforcing any securities / other guarantees / rights it may now or from time to time have from / against the Borrower.
MODIFICATION AND INDULGENCE. The Bank may, without affecting its security granted by the Borrower and/or Security Party in relation to this Facility:
MODIFICATION AND INDULGENCE. 18.1 The Bank may, at any time without affecting the security provided to the Bank under this Agreement:
(a) determine, vary, modify, restructure, reduce / increase the Facility, in accordance with the provisions in Section 19 below; and/or
(b) grant to the Customer and if the Customer consists of more than one person, to either of the Customer any indulgences; and/or
(c) grant to the Security Party / other surety any indulgences; and/or
(d) deal with, exchange, release, modify / abstain from perfecting / enforcing any securities / other guarantees / rights it may now or from time to time have from / against the Customer.
MODIFICATION AND INDULGENCE. 10.1 This Guarantee will not be affected in any way and We will not be released or excused from any of Our liabilities or obligations under this Guarantee by any of the following:-
10.1.1 any termination of or increase or variation to any credit to the Customer whether or not You have given Us any prior notice or obtained Our prior consent;
10.1.2 any security whatsoever, including other guarantees, which You may now or at any time after this hold in respect of the Customer whether or not the security is given by us or by any other person for any moneys whatsoever whether or not the moneys are guaranteed under this Guarantee;
10.1.3 any variation, exchange, renewal, release or modification of any security whatsoever, including other guarantees, which You may now or at any time after this hold in respect of the Customer;
10.1.4 any refusal or neglect by You to complete, enforce or assign any judgment or security whatsoever whether or not any moneys due to You under the judgment or security have been fully paid;
10.1.5 any extension of time, concession, waiver or other indulgence given to the Customer and/or to any other person, including Ourselves and any party to any security document entered into with You whether or not You have given notice to Us or obtained Our consent;
10.1.6 any failure by You to enforce any of Your rights, whether intentionally or unintentionally, against the Customer and/or any other person, including Ourselves and any party to any security document entered into with You whether or not You have given notice to Us or obtained Our consent;
10.1.7 any compromise, composition or arrangement which You may make with the Customer and/or any other person, including Ourselves and any party to any security document entered into with You whether or not You have given notice to Us or obtained Our consent;
10.1.8 the continuing and/or the opening and operation of any other account whatsoever with the Customer at any of Your offices or branches;
10.1.9 the granting of any other banking facility whatsoever to the Customer and/or the variation of any Banking Facility granted to the Customer including, but not limited to, replacing, adding to, increasing or reducing such Banking Facility in any way whatsoever; or
10.1.10 any release or discharge given to any one or more co-guarantors, including one of Us if this Guarantee is signed by more than one person, whether or not You have given notice to Us or obtained Our consent.
MODIFICATION AND INDULGENCE. The Bank may, without affecting the Security Interest granted by you and/or the Security Party in relation to this Facility:
(i) vary the terms and/or conditions of this Agreement with at least twenty-one (21) days’ prior notice to you for operational expediency, due to a change in any laws and regulations or any other reason; or
(ii) determine the Facility with at least fourteen (14) days’ prior written notice to you; or
(iii) grant to you and/or the Security Party any indulgence. No failure, delay or omission on the part of the Bank to exercise any right or power under this Agreement upon any default on your part will not (i) impair any such right or power, or (ii) be construed as a waiver or any acquiescence in such default. Further, any action or any acquiescence by the Bank in respect of any default will not affect or impair any of the Bank’s rights or powers in respect of any other or subsequent default.
MODIFICATION AND INDULGENCE. 15.1 The Bank may, at any time without affecting the security provided to the Bank under this Agreement:
(a) determine, vary, modify, restructure, reduce / increase the Facility;
(b) grant to the Borrower and if the Borrower consists of more than one person, to either of the Borrower;
(c) grant to the Security Party / other surety any indulgences;
(d) deal with, exchange, release, modify / abstain from perfecting / enforcing any securities / other guarantees / rights it may now or from time to time have from / against the Borrower.
MODIFICATION AND INDULGENCE. The Bank may at any time by giving prior notice (for any variation to the terms of the Facilities, the Bank will give twenty one (21) days’ notice) to the Assignor and without in any way affecting the security hereby created:-
(a) determine, modify, restructure, vary or increase any credit or other facility granted to the Customer and may open or continue any account with the Customer at any branch of the Bank;
(b) grant to the Assignor and/or the Customer or any surety or guarantor or any other person any time or indulgence;
(c) deal with, exchange, release or modify or abstain from perfecting or enforcing any security or other guarantee or right it may now or at any time have from or against the Assignor and/or the Customer or Security Party or any other person; and/or
(d) enter into any deed of composition with the Assignor and/or the Customer.
