Common use of MODIFICATION AND INDULGENCE Clause in Contracts

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.

Appears in 1 contract

Samples: Charge Agreement

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MODIFICATION AND INDULGENCE. MBSB The Bank may at any time without previous notice to the Borrower or the Borrower’s concurrence and without in any way affecting the security hereby created :this Letter of Set-Off:- (a) review neglect or forbear to enforce any of the loan hereby granted terms in this Charge or any of the Security Documents or any agreement between the Borrower and determine, vary, reduce the Bank or waive such terms as it deems fit or any breach by the Borrower of the same without prejudice to its right at any time afterwards to act or insist to act strictly in accordance with the originally agreed terms in respect of the existing or subsequent breach; or (b) determine vary renew or increase the amount of the Loan Facilities or any credit or other facility granted to the Borrower(sBorrower and may open or continue to open any account or accounts (or both) with the Borrower 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 branch 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 branches of the terms and conditions as may be effected or determined by MBSB pursuant to the provisions of this Clause;Bank; or (c) modify or restructure or alter reschedule the nature of the Loan herein Facilities or any credit or other facility 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 Borrower, including but not limited to varying the number and or the amount of this Clause;instalments to be paid by the Borrower; or (d) grant to the Chargor(s) Borrower and/or the Borrower(s) or to any other person surety or guarantor any time or indulgence;indulgence or waiver or consent or release; or (e) renew any bills notes or other negotiable securities;; or (f) deal with 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(sBorrower and/or any other person/s or surety or guarantor; or (g) and/or to release or discharge or compound or enter into any deed of composition with the Borrower(s) Borrower or any other person; (g) compound /s or otherwise enter into any scheme of arrangement surety or composition with the Borrower(s) and/or the Chargor(s) or any other person or guarantor(s);guarantor; or (h) vary from time to time or amend any of the terms and conditions of the loan given herein to comply with all relevant rules decisions and rulings Facilities or any of Bank Negara Malaysia whether the same be made before or after the creation of this charge herein;Security Documents; or (i) vary grant further facilities, convert, vary, interchange, appropriate or substitute partly or wholly any of the amount of any monthly instalments to be paid by the Borrower(s) to MBSBFacilities with other banking facilities.

Appears in 1 contract

Samples: Letter of Set Off

MODIFICATION AND INDULGENCE. MBSB The Assignor expressly consents and agrees that the Bank may at any time and without in any way affecting the security hereby validity of the security, liabilities, and obligations created :-under this Assignment – (a) review the loan hereby granted and determine, varychange, reduce or increase the amount of the Loan or any credit or other facility Banking Facilities granted to the Borrower(s) Borrower, and open and/or continue any account or accounts current or otherwise with the Borrower and/or the Assignor and/or any Security Party at such time(s) as MBSB shall in its absolute discretion think fit and any branch or branches of 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 ClauseBank; (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) Borrower and/or the Borrower(s) or to Assignor and/or any other person or guarantor Security Party any time or indulgence; (ec) renew any bills notes bills, notes, or other negotiable securities; (fd) deal with exchange release or modify with, exchange, release, 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 in future have from or against the Chargor(s) Borrower and/or to the Borrower(s) Assignor and/or any Security Party or any other person; (e) compound with the Borrower and/or the Assignor and/or any Security Party and/or any other person; (f) at the request of the Borrower and/or the Assignor and/or any Security Party accept payment of any monies due or becoming due under this Assignment 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) compound grant further facilities to the Borrower, reinstate, vary, interchange, substitute or otherwise enter into any scheme of arrangement or composition with convert the Borrower(s) and/or the Chargor(s) Banking Facilities or any other person of them, or guarantor(s)any of the principal limits or sub-principal limits of the Banking Facilities; (h) review, amend, or vary from time the Banking Facilities granted to time the Borrower or its 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;conditions; and (i) vary have recourse to all or any remedies or means for recovering the amount of any monthly instalments to monies hereby secured which may be paid by available for such purpose at such time and in such order and manner as the Borrower(s) to MBSBBank may think fit.

Appears in 1 contract

Samples: Deed of Assignment

MODIFICATION AND INDULGENCE. MBSB The Bank may at any time and without in any way affecting the security validity of the security, liabilities and obligations hereby created :-created:- (ai) review by notice in writing to the loan hereby granted and determineBorrower, vary, reduce determine vary or increase the Overdraft Facility and/or the Non-Revolving Loan and/or the Revolving Term Loan granted to the Borrower or any Security Party and may open and/or continue any account or accounts current or otherwise with the Borrower or any Security Party at any branch or branches of the Bank; (ii) by notice in writing to the Borrower, vary the number and/or the amount of the Loan or any credit or other facility granted Instalments and/or the payments to be paid by 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 ClauseBorrower; (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; (diii) grant to the Chargor(s) Borrower and/or the Borrower(s) or to any Security Party or any other person surety or guarantor any time or indulgenceindulgence or waiver or consent or release; (eiv) renew any bills notes or other negotiable securities; (fv) 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) Borrower and/or to the Borrower(s) any Security Party or any other personperson ; (gvi) release or discharge or compound or otherwise enter into any scheme deed of arrangement or composition with the Borrower(s) Borrower and/or the Chargor(s) any Security Party or any other person or guarantor(s)guarantor ; (hvii) at the request of the Borrower and/or the Security Party accept payment of any monies due or becoming due hereunder 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; (viii) by notice in writing to the Borrower, review revise amend or vary from time to time any of the terms and conditions of the loan given herein Operating Overdraft Facility and/or the Non-Revolving Loan and/or the Revolving Term Loan granted to comply with the Borrower or any other person hereunder or any or all relevant rules decisions and rulings of Bank Negara Malaysia whether the same be made before or after the creation of this charge hereinSecurity Documents; (iix) vary have recourse to all or any remedies or means for receiving the amount monies hereby secured which may be available for such purpose at such time and in such order and manner as the Bank may think fit; (x) enter into any arrangement or deed of composition with the Borrower and/or any monthly instalments to be paid by Security Party or accept any composition modifying the Borrower(s) to MBSBBank’s rights and remedies under this Agreement and/or the Security Documents.

Appears in 1 contract

Samples: Facility Agreement

MODIFICATION AND INDULGENCE. MBSB The Bank may at any time and without discharging or in any way affecting the security hereby created :-and with notice (where applicable) to the Borrower at any time:- (a) review the loan hereby granted and determine, vary, reduce cancel, change, split, consolidate or increase merge, the amount form of the Loan or any credit or other facility granted Facilities given to the Borrower(s) Borrower so as to convert the existing facility or Facilities, or cancel one or two or more existing facilities, or create two or more separate facilities from an existing facility. Provided Always that, in respect of the different facilities, the Bank may arrange at such time(s) as MBSB shall in its absolute discretion think fit any time or from time to time to charge a different interest rate for each facility or facilities and the Chargor(scovenant as to the rate of interest (including the penalty interest rate) and its variation shall be construed and shall be applied to accommodate the Borrower(s) hereby expressly consent(s) different interest rates and penalty interest rate chargeable to any such review, determination, variation, reduction and/or increase as may be effected or determined by MBSB pursuant each kind of facility given to the provisions of this ClauseBorrower by the Bank and secured hereunder; (b) vary the terms and conditions herein contained in such manner and at such time(sapplicable rate (including the additional rate) (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 without variance of the terms and conditions as may be effected or determined by MBSB pursuant to form of the provisions of this ClauseFacilities; (c) modify vary, exchange or restructure lease the said Property secured under the Security Documents or alter any other securities held or to be held by the nature Bank for or on account 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) moneys hereby expressly consent(s) to secured or any such modification or restructuring or alteration as may be effected or determined by MBSB pursuant to the provisions of this Clausepart thereof; (d) renew bills, promissory notes or other negotiable securities, in any manner and compound with give time for payment to accept compositions from or grant to any other indulgence to, or make any other arrangements with the Chargor(s) and/or the Borrower(s) Borrower or any person liable on bills notes guarantees or other securities held or to any other person be held by the Bank for or guarantor any time or indulgenceon behalf of the Borrower; (e) renew give time for payment of any bills of exchange, promissory notes or other negotiable securitiessecurities which may have been discounted for or received on account from the Borrower by the Bank, or on which the Borrower shall or may be liable as drawer or indorser or otherwise to any parties liable thereon or thereto, as the Bank shall in its discretion think fit; (f) release and deliver to the Borrower any goods or documents of title to or representing or relating to goods against trust receipts or otherwise; (g) deal with exchange release or modify or abstain from perfecting or enforcing any securities or other guarantees or rights it which the Bank 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) Borrower 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 accept payment of the moneys due or becoming due hereunder by such increased or decreased instalments as shall from time to time be agreed to by the terms and conditions Bank, or to agree to suspend payments in reduction of the loan given herein principal or give time for the payment of moneys due or becoming due hereunder, or to comply with all relevant rules decisions and rulings grant such indulgences as from time to time in the absolute discretion 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 MBSBBank.

Appears in 1 contract

Samples: Facilities Agreement

MODIFICATION AND INDULGENCE. MBSB The Lender may at any time and without in any way affecting the security hereby created :-created:- (a) review the loan hereby granted and determine, vary, reduce vary or increase the amount of the Loan Facilities or any part thereof or any credit or other facility granted to the Borrower(s) and may open and/or continue any account or accounts current or otherwise with the Borrower(s) at such time(sany branch or branches of the Lender; (b) as MBSB shall in its absolute discretion think fit vary or depart from the terms and conditions governing the Chargor(s) Facilities and/or the provisions of this Agreement and/or the Security Documents and the Borrower(s) hereby expressly consent(s) to any and all such review, determination, variation, reduction variations and/or increase as may be effected departure (howsoever substantial) if any of the following circumstances or determined by MBSB pursuant events occur:- (i) changes in key directors management and/or substantial shareholders of the Borrower(s) or any Security Party; or (ii) the Facilities or any part thereof were used for purposes other than that notified to the provisions Lender; or (iii) non-compliance or any breach of the representations, terms and conditions or covenants governing the Facilities without the Lender's prior written consent provided always the exercise by the Lender of its rights under this Clause; subsection (b) vary shall not in anyway whatsoever prejudice the terms and conditions herein contained Lender's rights under Section 12.01 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 respect of the terms and conditions as may be effected same breach or determined by MBSB pursuant to the provisions of this Clause;non compliance or any subsequent breach or non compliance. (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 the Security Parties or any other person or guarantor any time or indulgence; (ed) renew any bills bills, notes or other negotiable securities; (fe) deal with exchange release or modify or abstain from perfecting or enforcing any securities or other guarantees Security Documents or rights it may now or at any time hereafter or from time to to' time have from or against the Chargor(s) and/or to the Borrower(s) or any other person; (gf) compound or otherwise enter into any scheme of arrangement or composition with the Borrower(s) and/or or the Chargor(s) Security Parties or any other person or guarantor(s)person; (hg) vary from time to time the terms and conditions of the loan Facilities given herein to comply with all relevant rules rules, decisions and rulings of Bank Negara Malaysia and/or the Association of Banks/Finance Companies in Malaysia whether the same be made before or after the creation of this charge Agreement herein; (ih) vary have recourse to all or any remedies or means for recovering the amount of any monthly instalments to monies hereby secured which may be paid by available for such purpose at such time and in such order and manner as the Borrower(s) to MBSBLender may think fit.

Appears in 1 contract

Samples: Facilities Agreement (PRIME GLOBAL CAPITAL GROUP Inc)

MODIFICATION AND INDULGENCE. MBSB The Borrower and/or the Assignor expressly consents and agrees that the Bank may at any time and without in any way affecting the security hereby validity of the security, liabilities, and obligations created :-under this Assignment – (a) review the loan hereby granted and determine, varychange, reduce or increase the amount of the Loan or any credit or other facility Banking Facilities granted to the Borrower(s) Borrower, and open and/or continue any account or accounts current or otherwise with the Borrower and/or the Assignor and/or any Security Party at such time(s) as MBSB shall in its absolute discretion think fit and any branch or branches of 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 ClauseBank; (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) Borrower and/or the Borrower(s) or to Assignor and/or any other person or guarantor Security Party any time or indulgence; (ec) renew any bills notes bills, notes, or other negotiable securities; (fd) deal with exchange release or modify with, exchange, release, 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 in future have from or against the Chargor(s) Borrower and/or to the Borrower(s) Assignor and/or any Security Party or any other person; (e) compound with the Borrower and/or the Assignor and/or any Security Party and/or any other person; (f) at the request of the Borrower and/or the Assignor and/or any Security Party accept payment of any monies due or becoming due under this Assignment 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) compound grant further facilities to the Borrower, reinstate, vary, interchange, substitute or otherwise enter into any scheme of arrangement or composition with convert the Borrower(s) and/or the Chargor(s) Banking Facilities or any other person of them, or guarantor(s)any of the principal limits or sub-principal limits of the Banking Facilities; (h) review, amend, or vary from time the Banking Facilities granted to time the Borrower or its 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;conditions; and (i) vary have recourse to all or any remedies or means for recovering the amount of any monthly instalments to monies hereby secured which may be paid by available for such purpose at such time and in such order and manner as the Borrower(s) to MBSBBank may think fit.

Appears in 1 contract

Samples: Loan Agreement

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MODIFICATION AND INDULGENCE. MBSB The Bank may at any time and without in any way affecting the security hereby created :-and the rights, powers and remedies conferred upon the Bank under this Assignment:- (ai) review by notice in writing to the loan hereby granted and determineBorrower and/or the Assignor, vary, reduce determine vary or increase the amount of the Loan Facility or any credit or other facility granted to the Borrower(s) Borrower and may open and/or continue any account or accounts current or otherwise with the Borrower at such time(s) as MBSB shall in its absolute discretion think fit and any branch or branches of 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 ClauseBank; (bii) by notice in writing to the Borrower and/or the Assignor, vary the terms number and conditions herein contained in such manner and at such time(s) (as MBSB shall in its absolute discretion think fit) and or the Chargor(s) and the Borrower(s) hereby expressly consent(s) to any such variation amount of the terms and conditions as may Instalments and/or the payments to be effected or determined paid by MBSB pursuant to the provisions of this ClauseBorrower; (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; (diii) grant to the Chargor(s) Borrower and/or the Borrower(s) Assignor and/or any Security Party or to any other person surety or guarantor any time or indulgenceindulgence or waiver or consent or release; (e) renew any bills notes or other negotiable securities; (fiv) deal with exchange with, exchange, release or modify or abstain from perfecting or enforcing any securities security 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) Assignor and/or to the Borrower(s) Borrower and/or any Security Party or any other person; (gv) release or discharge or compound or otherwise enter into any scheme deed of arrangement or composition with the Borrower(s) Assignor and/or the Chargor(s) Borrower and/or any Security Party or any other person or guarantor(s)guarantor; (hvi) by notice in writing to the Borrower and/or the Assignor, review revise vary from time to time or amend any of the terms and conditions of the loan given herein Operating Overdraft Facility and/or the Non- Revolving Loan and/or the Revolving Term Loan granted to comply with all relevant rules decisions and rulings the Borrower under the Loan Agreement and/or any of Bank Negara Malaysia whether the same be made before or after the creation of this charge hereinSecurity Documents pertaining thereto; (ivii) vary renew any bills or negotiable securities; (viii) at the amount request of the Borrower and/or the Assignor and/or the Security Party accept payment of any monthly monies due or becoming due hereunder and under the Loan Agreement 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 paid by agreed; (ix) have recourse to all or any remedies or means for receiving the Borrower(sMonies Hereby Secured which may be available for such purpose at such time and in such order and manner as the Bank may think fit; (x) to MBSBenter into any arrangement or deed of composition with the Borrower and/or the Assignor and/or any Security Party or accept any composition modifying the Bank’s rights and remedies under this Assignment, the Loan Agreement and/or the Security Documents.

Appears in 1 contract

Samples: Deed of Assignment

MODIFICATION AND INDULGENCE. MBSB BPMB may at any time and without in any way affecting the security hereby created :created: - (a) review the loan hereby granted and determine, vary, reduce vary 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 ClauseBorrower; (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) Borrower or to any other person surety or guarantor any time or indulgence; (ec) renew any bills bills, notes or other negotiable securities; (fd) deal with exchange 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) Borrower or any other person;persons-, (ge) compound or otherwise enter into any scheme of arrangement or composition with the Borrower(s) and/or the Chargor(s) Borrower or any other person or guarantor(s);guarantor. The security, liabilities and/or obligations created by this Agreement shall continue to be valid and binding for all purposes whatsoever notwithstanding:- (ha) vary any time given or extended to the Borrower or any other indulgence which BPMB may from time to time grant to the terms and conditions Borrower for the payment of monies due to BPMB or for the observance or performance of any term, stipulation, covenant or undertaking on the part of the loan given herein Borrower to comply with all relevant rules decisions be observed and rulings of Bank Negara Malaysia whether performed under this Agreement or for the same be made before failure to enforce any right or after remedy against the creation of this charge hereinBorrower; (ib) vary the amount any arrangement entered into or any composition accepted by BPMB modifying its rights and remedies by any alteration, amendment, modification, waiver or release of any monthly instalments of the obligations, terms conditions, stipulations, covenants, agreements and undertakings contained herein or by any forbearance whether as to payment, time, performance or otherwise; (c) any variation, release, exchange, modification, refusal, neglect or abstinence from completing, perfecting, enforcing or assigning any judgment specialty or other security or securities or instruments negotiable or otherwise or other guarantees, judgment or rights held or to be paid held by BPMB for and on account of the Borrower(s) moneys secured hereunder or any part thereof which BPMB may now or at any time hereafter or from time to MBSBtime have from or against the Borrower.

Appears in 1 contract

Samples: Facilities Agreement (Renewable Fuel Corp)

MODIFICATION AND INDULGENCE. MBSB may at any time and without in any way affecting the security hereby created created:- (a) review the loan Loan hereby granted and determine, vary, determine vary reduce or increase the amount of the Loan or any credit or other facility granted to the Borrower(sChargor(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, 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 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 Charge herein; (i) vary the amount of any monthly instalments to be paid by the Borrower(sChargor(s) to MBSB.

Appears in 1 contract

Samples: Charge Agreement

MODIFICATION AND INDULGENCE. MBSB The Bank may at any time and without in any way affecting the security hereby created :-and the rights, powers and remedies conferred upon the Bank under this Assignment:- (ai) review by notice in writing to the loan hereby granted and determineAssignor, vary, reduce determine vary or increase the amount of the Loan Facility or any credit or other facility granted to the Borrower(s) Assignor and may open and/or continue any account or accounts current or otherwise with the Assignor at such time(s) as MBSB shall in its absolute discretion think fit and any branch or branches of 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 ClauseBank; (bii) by notice in writing to the Assignor, vary the terms number and conditions herein contained in such manner and at such time(s) (as MBSB shall in its absolute discretion think fit) and or the Chargor(s) and the Borrower(s) hereby expressly consent(s) to any such variation amount of the terms and conditions as may Instalments and/or the payments to be effected or determined paid by MBSB pursuant to the provisions of this ClauseAssignor; (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; (diii) grant to the Chargor(s) Assignor and/or the Borrower(s) any Security Party or to any other person surety or guarantor any time or indulgenceindulgence or waiver or consent or release; (e) renew any bills notes or other negotiable securities; (fiv) deal with exchange with, exchange, release or modify or abstain from perfecting or enforcing any securities security 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) Assignor and/or to the Borrower(s) any Security Party or any other person; (gv) release or discharge or compound or otherwise enter into any scheme deed of arrangement or composition with the Borrower(s) Assignor and/or the Chargor(s) any Security Party or any other person or guarantor(s)guarantor; (hvi) by notice in writing to the Assignor, review revise vary from time to time or amend any of the terms and conditions of the loan given herein Operating Overdraft Facility and/or the Non-Revolving Loan and/or the Revolving Term Loan granted to comply with all relevant rules decisions and rulings the Assignor hereunder and/or any of Bank Negara Malaysia whether the same be made before or after the creation of this charge hereinSecurity Documents; (ivii) vary renew any bills or negotiable securities; (viii) at the amount request of the Assignor and/or the Security Party accept payment of any monthly monies due or becoming due hereunder 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 paid by agreed; (ix) have recourse to all or any remedies or means for receiving the Borrower(sMonies Hereby Secured which may be available for such purpose at such time and in such order and manner as the Bank may think fit; (x) to MBSBenter into any arrangement or deed of composition with the Assignor and/or any Security Party or accept any composition modifying the Bank’s rights and remedies under this Assignment, the Loan Agreement and/or the Security Documents.

Appears in 1 contract

Samples: Deed of Assignment

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