Monies in the Account Sample Clauses

Monies in the Account. 9.1 Subject to compliance with applicable Regulatory Rules, SHKFX shall be entitled to deposit or transfer any monies held in the Account or received for or on the account of Client with or to or interchangeably between one or more segregated account(s) opened and maintained by SHKFX or any member of the Group in Hong Kong or elsewhere each of which shall be designated as a trust account or client account, at one or more authorised financial institution(s) and/or any other person(s) approved by the SFC for the purposes of section 4 of the Securities and Futures (Client Money) Rules (Cap. 571I of the Laws of Hong Kong) and/or any other person(s) overseas. Unless otherwise agreed between Client and SHKFX and, any interest accrued on such monies shall belong to SHKFX absolutely. 9.2 In addition, SHKFX shall be entitled to all other interests, dividends or any benefits derived from Client’s margin collateral.
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Monies in the Account. 1. In no event shall the Defendants have any responsibility, financial obligations, or liability whatsoever with respect to the investment, distribution, use or administration of monies in the Account, including but not limited to the costs and expenses of such investment, distribution, use and administration, and Class Counsel Fees, except to the extent the Defendants are required to make the Initial Deposit or Subsequent Deposit(s) into the Account under this Settlement Agreement.
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Monies in the Account. 帳 戶 款 項 13. STANDING AUTHORITY 常 設 授 權 13.1 The Client Money Standing Authority covers money held or received by the Company in Hong Kong in one or more segregated account(s) on the Client's behalf ("Monies"). Segregated account(s) including any account(s) designated as client account(s) established and maintained in or outside Hong Kong. 客戶款項常設授權涵蓋本公司為客戶在香港收取或持有並存放於一個或多個獨立帳戶內的款項 (下稱「款項」) 。獨立賬戶包括在香港或香港以外地方設立及維持並標明為客戶賬戶之任何賬戶。 13.2 The Client authorizes the Company to: 客戶授權本公司： 13.2.1 combine or consolidate any or all segregated accounts, of any nature whatsoever and either individually or jointly with others, maintained by the Company and the Company may transfer any sum of Monies to and between such segregated account(s) to satisfy the Client's obligations or liabilities to the Company, whether such obligations and liabilities are actual or contingent, primary or collateral, secured or unsecured, or joint or several; and 組合或合併本公司所持有之任何或全部獨立帳戶，無論任何性貨、單獨或共同擁有，而本公司可將該等獨立帳戶內任何數額之款項於各帳戶間作出轉移，以履行客戶對本公司的義務或法律責任，不論此等義務和法律責任是確實、或然、主要或扺押、有擔保或無擔保、共同或分別；及 13.2.2 transfer any sum of Monies interchangeably between any of the segregated accounts maintained at any time by the Company. 從本公司於任何時候持有之任何獨立帳戶之間來回調動任何數額之款項。 13.2.3 receive and/or hold Monies in any segregated account(s) opened and maintained by the Company with its nominated securities and/or futures broker(s) at the Company’s own discretion (“Nominated Broker”) for the purposes of dealing in the Client’s transactions; and/or 存入及／或持有款項於本公司全權所指定的證券及/或期貨經紀（“指定經紀”）之開設及持續的任何獨立賬戶，以用作客戶之交易；及/或 13.2.4 transfer Monies interchangeably between the segregated account(s) opened and maintained by the Company in Hong Kong and the segregated account(s) opened and maintained by the Company with the Nominated Broker. 從本公司在香港設立的獨立賬戶及指定經紀在獨立賬戶之間來回調動。 13.3 The Client Securities Standing Authority is in respect of the treatment of the Client's securities or securities collateral as set out below in this Clause 13. 客戶證券常設授權是有關處置客戶之證券或證券抵押品，詳列於此條款及條件之第 13 條。 13.4 The Client authorises the Company to: 客戶授權本公司： 13.4.1 deposit any of the Client's securities collateral with an authorized financial institution as collateral for financial accommodation provided to the Company; 將任何客戶之證券抵押品存放於認可財務機構，作為該機構向本公司提供財務通融之抵押品； 13.4.2 deposit any of the Client's securities collateral with HKSCC as collateral for the discharge and satisfaction of the settlement obligations and liabilities of the Company. The Client understands that HKSCC will have a fi...
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Monies in the Account. (i) In no event shall the Defendants have any responsibility, financial obligations, or liability whatsoever with respect to the investment, distribution, use, or administration of monies in the Account, including, but not limited to, the costs and expenses of such investment, distribution, use and administration, and Class Counsel Fees. (ii) The funds payable under the Settlement Agreement that Defendants are required to pay shall be deposited into the Account. Class Counsel shall distribute payments under the Settlement Agreement from the Account under the supervision of the Québec Court. In the event that there are any funds remaining in the Account after payment of all Approved Claims, Notice and Administration Costs, Class Counsel Fees and Disbursements, and applicable taxes, such unclaimed balance shall be remitted to a charity in the Province of Québec to be selected by the Defendants, subject to approval by the Québec Court, after paying the Fonds what is owed in accordance with section 1(1) of the Règlement sur le pourcentage prélevé par le Fonds d’aide aux actions collectives.
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Monies in the Account. (i) In no event shall the Defendants have any responsibility, financial obligations, or liability whatsoever with respect to the investment, distribution, use, or administration of monies in the Account, including, but not limited to, the costs and expenses of such investment, distribution, use and administration, and Class Counsel Fees. (ii) The funds payable under the Settlement Agreement that Defendants are required to pay shall be deposited into the Account. Class Counsel shall distribute payments under the Settlement Agreement from the Account under the supervision of the Ontario Court. In the event that there are any funds remaining in the Account after payment of all Approved Claims, Notice and Administration Costs, Class Counsel Fees and Disbursements, and applicable taxes, such unclaimed balance shall be remitted to a charity in the Province of Ontario to be selected by the Court following submissions by Plaintiffs and Defendants.
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Monies in the Account. (i) In no event shall the Defendants have any responsibility, financial obligations, or liability whatsoever with respect to the investment, distribution, use, or administration of monies in the Account, including, but not limited to, the costs and expenses of such investment, distribution, use and administration, and Class Counsel Fees, except as otherwise provided for in Sections 4 and 10.1. (ii) The funds payable under the Settlement Agreement that Defendants are required to submit to the Claims Administrator under the Settlement Agreement shall be deposited into the Account. The Claims Administrator shall distribute payments under the Settlement Agreement from the Account under the supervision of the BC Court. Funds deposited into the Account shall be maintained and invested in a manner consistent with that of a prudent and reasonable administrator. (iii) In the event that there are any funds remaining in the Account after payment of all Approved Claims, Notice and Administration Costs, and Class Counsel Fees and Disbursements, such surplus amount shall be remitted to Defendants. (iv) Defendants shall retain a reversionary interest in all funds held in the Account and interest earned on the funds. If any funds remain in the Account 365 days after the expiration of the respective Claims Periods, those funds and any interest accrued shall be immediately returned to Defendants’ Counsel upon written request to the Claims Administrator (copy to Class Counsel), less any funds that have been approved for payment to an Approved Claimant but have not yet been paid out.
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Related to Monies in the Account

  • Investment of Funds in the Accounts The Trustee may direct any depository institution maintaining the Certificate Account or the Reserve Account, if any, for the Series and any other segregated Eligible Account, which Eligible Account shall be a Securities Account the contents of which are held for the benefit of Certificateholders of such applicable Series (each, an "Account"), to invest the funds therein at the specific written direction of the Depositor in one or more Eligible Investments bearing interest or sold at a discount, which shall be held to maturity unless payable on demand and which funds shall not be reinvested upon the maturity or demand for payment of such Eligible Investment. If the Depositor does not provide any investment directions by 10:00 a.m. on any Business Day, funds held in any Account will be invested in the Eligible Investments specified in clause (iv) of the definition thereof until receipt of investment directions to the contrary. Investments of such funds shall be invested in Eligible Investments that will mature so that such funds will be available for distribution on the next Distribution Date. Except as otherwise provided in the applicable Supplement, any earnings with respect to such Eligible Investments shall be paid to, and any losses with respect to such Eligible Investments shall be solely for the account of, the Certificateholders in proportion to their interest in the invested funds. In the event amounts on deposit in an Account are at any time invested in an Eligible Investment payable on demand, the Securities Intermediary, on behalf of the Trustee and the Trust, shall: (i) consistent with any notice required to be given thereunder, demand that payment thereon be made on the last day such Eligible Investment may otherwise mature hereunder in an amount equal to the lesser of (1) all amounts then payable thereunder and (2) the amount required to be withdrawn on such date; and (ii) demand same day payment of all amounts due thereunder upon a determination by the Trustee that such Eligible Investment would not constitute an Eligible Investment in respect of funds thereafter on deposit in any Account. None of the Trustee, the Depositor or the Securities Intermediary shall in any way be held liable by reason of any insufficiency in any Account resulting from any loss on any Eligible Investment made in accordance with this Trust Agreement.

  • Application of Funds in the Collection Account The Master Servicer may, from time to time, make, or cause to be made, withdrawals from the Collection Account for the following purposes: (i) to reimburse itself or any Servicer for Advances made by it or by such Servicer pursuant to Section 5.04 or the applicable Servicing Agreement; provided, however, that the Master Servicer’s right to reimburse itself pursuant to this subclause is limited to amounts received on or in respect of particular Mortgage Loans (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the property subject to the related Mortgage) which represent late recoveries (net of the applicable Servicing Fee and the Master Servicing Fee) of payments of principal or interest respecting which any such Advance was made; provided, further, that following the final liquidation of a Mortgage Loan, the Master Servicer may reimburse itself for previously unreimbursed Advances in excess of Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loans from any funds in the Collection Account, it being understood, in the case of any such reimbursement, that the Master Servicer’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or any Servicer for any Servicing Advances made by it or by such Servicer that it or such Servicer determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan, it being understood, in the case of any such reimbursement, that such Master Servicer’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 9.20 and 9.22(a) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Mortgage Rate less the applicable Servicing Fee and the Master Servicing Fee for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional servicing compensation, it being understood, in the case of any such reimbursement or payment, that such Master Servicer’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or such Servicer pursuant to Section 9.04, 9.05, 9.06, 9.16 or 9.22(a) or pursuant to the applicable Servicing Agreement, and to reimburse itself for any expenses reimbursable to it pursuant to Section 10.01(c); (v) to pay to the applicable Person, with respect to each Mortgage Loan or REO Property acquired in respect thereof that has been repurchased by such Person pursuant to this Agreement, all amounts received thereon and not distributed on the date on which the related repurchase was effected; (vi) subject to Section 5.05, to pay to itself income earned on the investment of funds deposited in the Collection Account; (vii) to make payments to the Trustee for deposit into the Certificate Account in the amounts and in the manner provided for in Section 4.01(c); (viii) to make distributions of any Retained Interest to the Retained Interest Holder on each Distribution Date (other than any Retained Interest not deposited into the Collection Account in accordance with Section 4.01(d)(iii)); (ix) to make payment to itself, the Trustee and others pursuant to any provision of this Agreement; (x) to withdraw funds deposited in error in the Collection Account; (xi) to clear and terminate the Collection Account pursuant to Section 7.02; (xii) to reimburse a successor Master Servicer (solely in its capacity as successor Master Servicer), for any fee or advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer appointed by the Trustee pursuant to Section 6.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer or the Trustee thereto shall be prior to the rights of the Certificateholders; and (xiii) to reimburse any Servicer for such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such Servicer to the extent provided in such Servicing Agreement. If provided in the related Servicing Agreement, each Servicer shall be entitled to retain as additional servicing compensation any Prepayment Interest Excess (to the extent not offset by Prepayment Interest Shortfalls). In the event that the Master Servicer fails on any Deposit Date to remit to the Trustee any amounts required to be so remitted to the Trustee pursuant to subclause (vii) by 12 noon (New York time) on such date, the Master Servicer shall pay the Trustee, for the account of the Trustee, interest calculated at the “prime rate” (as published in the “Money Rates” section of The Wall Street Journal) on such amounts not timely remitted for the period from and including that Deposit Date to but not including the related Distribution Date. In connection with withdrawals pursuant to subclauses (i), (iii), (iv) and (vi) above, the Master Servicer’s or Servicer’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, except as provided herein. The Master Servicer shall therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal from the Collection Account it maintains pursuant to subclauses (i), (iii), (iv) and (vi) above.

  • Deposits in the Escrow Account During the Escrow Period, persons subscribing to purchase Shares will be instructed by the Company, the Dealer Manager and the Selected Dealers to make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Terra Income Fund 6, Inc.” When a Selected Dealer’s internal supervisory procedures are conducted at the site at which the subscription agreement and check were initially received by the Selected Dealer from the subscriber, the Selected Dealer shall transmit the subscription agreement and check to the Escrow Agent by the end of the next business day following receipt of the check and subscription agreement. When, pursuant to the Selected Dealer’s internal supervisory procedures, the Selected Dealer’s final internal supervisory procedures are conducted at a different location (the “Final Review Office”), the Selected Dealer shall transmit the check and subscription agreement to the Final Review Office by the end of the next business day following the Selected Dealer’s receipt of the subscription agreement and check. The Final Review Office will, by the end of the next business day following its receipt of the subscription agreement and check, forward both the subscription agreement and check to the Escrow Agent. If any subscription agreement solicited by the Selected Dealer is rejected by the Dealer Manager or the Company, then the subscription agreement and check will be returned to the rejected subscriber within ten business days from the date of rejection. The Escrow Agent shall have no liability or responsibility regarding a Selected Dealer’s internal supervisory procedures. Completed subscription agreements and checks in payment for the purchase price shall be remitted to the Escrow Agent’s address in Exhibit B designated for the receipt of such agreements and funds, and wires or Automated ClearingHouse (ACH) payments shall be transmitted directly to the Escrow Account. Subscription agreements received by the Escrow Agent shall be scanned and emailed by the Escrow Agent to DST Systems, Inc. the "Transfer Agent") within 24 hours of receipt by the Escrow Agent. The Escrow Agent shall also deliver the original subscription agreements to the Transfer Agent. Deposits shall be held in the Escrow Account until such funds are disbursed in accordance with this Agreement. Prior to disbursement of the funds deposited in the Escrow Account (the "Escrowed Funds"), such funds shall not be subject to claims by creditors of the Company or any of its affiliates. If any of the instruments of payment are returned to the Escrow Agent for nonpayment prior to receipt of the Break Escrow Affidavit (as described below), the Escrow Agent shall promptly notify the Company in writing via mail, email or facsimile of such nonpayment, and the Escrow Agent is authorized to debit the Escrow Account in the amount of such returned payment and the Escrow Agent shall delete the appropriate account from the records maintained by the Escrow Agent. The Escrow Agent will maintain a written account of each sale, which account shall set forth, among other things, the following information: (i) the subscriber’s name and address, (ii) the subscriber’s social security number or tax identification number, (iii) the number of Shares purchased by such subscriber, (iv) the amount paid by such subscriber for such Shares and (v) the state of residence. During the Escrow Period, neither the Company nor the Dealer Manager will be entitled to any principal funds received into the Escrow Account.

  • Investment of Funds in the Collection Account and the Distribution Account (a) The Master Servicer may direct any depository institution maintaining the Collection Account and any REO Account (for purposes of this Section 3.12, an “Investment Account”), and the Trustee, in its individual capacity, may direct any depository institution maintaining the Distribution Account (for purposes of this Section 3.12, the Distribution Account is also an “Investment Account”), to invest the funds in such Investment Account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee is the obligor thereon and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee is the obligor thereon. All such Permitted Investments shall be held to maturity, unless payable on demand. Any investment of funds in an Investment Account shall be made in the name of the Trustee (in its capacity as such), or in the name of a nominee of the Trustee. The Trustee shall be entitled to sole possession (except with respect to investment direction of funds held in the Collection Account and any REO Account and any income and gain realized thereon) over each such investment, and any certificate or other instrument evidencing any such investment shall be delivered directly to the Trustee or its agent, together with any document of transfer necessary to transfer title to such investment to the Trustee or its nominee. In the event amounts on deposit in an Investment Account are at any time invested in a Permitted Investment payable on demand, the Trustee shall:

  • The Account 1. AEME is fully authorized to manage and operate the Card Account and to debit all Charges, Transactions made on the Card or any Supplementary Card, fees and other amounts for all of which the Cardmember shall be liable. The Cardmember irrevocably undertakes and promises to pay to AEME all Charges and amounts debited to or outstanding on the Card Account including Charges incurred on any Supplementary Card whether or not a record of the Charge or Transaction has been issued and or signed at the Service Establishment. 2. Except for what is provided under Clauses 9 and 14 of this Agreement, the Cardmember acknowledges and agrees that all Charges debited at any time by AEME to his or her Card Account are true and accurate. The Cardmember also acknowledges that all records and data maintained by AEME on microfilm or in any printed or electronic form in connection with the Transactions, Charges, Card or Card Account are true, accurate and complete and may be used in any court of law as conclusive evidence which may not be disputed or challenged in any manner. 3. AEME may, at its ultimate discretion, refuse any request for authorization and may decline any Transaction including Cash Withdrawals regardless of the reason and without giving any notice to the Cardmember. Also, AEME may not be liable to provide or process authorization for any Transaction due to technical failures or any other reason of similar nature. In both circumstances and in any other similar situation, AEME is not liable whether directly or indirectly for any damages of any nature including monetary, liquidated, punitive or consequential damages which the Cardmember may sustain as a result of any unsuccessful, uncompleted or declined Transaction. 4. Xxxxxxxxxx promises to pay AEME for debits made on his Account for purchases and all other amounts owed to AEME under the Terms and Conditions of this Agreement. 5. If the Cardmember is on direct debit with a bank, the bank will also receive a monthly summary of Charges and will use the summary to directly debit the Cardmember account.

  • Investment in the Trust Investments may be accepted by the Trust from such Persons, at such times, on such terms, and for such consideration, which may consist of cash or tangible or intangible property or a combination thereof, as the Trustees from time to time may authorize. At the Trustees’ sole discretion, such investments, subject to applicable law, may be in the form of cash or securities in which the affected Portfolio is authorized to invest, valued as provided in applicable law. Each such investment shall be recorded in the individual Shareholder’s account in the form of full and fractional Shares of the Trust, in such Portfolio (or Class) as the Shareholder shall select. The Trustees and their authorized agents shall have the right to refuse to issue Shares to any Person at any time and for any reason.

  • General Account All assets of SBL other than those allocated to the Separate Account or any other separate account of SBL. GUARANTEE PERIOD Current Interest, if declared, is fixed for rolling periods of one or more years, referred to as Guarantee Periods. SBL may offer Guarantee Periods of different durations. The Guarantee Period that applies to any Fixed Account Contract Value:

  • Investments in the Trust Investments may be accepted by the Trust from such Persons, at such times, on such terms, and for such consideration as the Trustees from time to time may authorize. Each investment shall be credited to the Shareholder's account in the form of full and fractional Shares of the Trust, in such Series (or class) as the purchaser shall select, at the net asset value per Share next determined for such Series (or class) after receipt of the investment; provided, however, that the Trustees may, in their sole discretion, impose a sales charge or reimbursement fee upon investments in the Trust.

  • No Segregation of Monies; No Interest Subject to Sections 5.01 and 5.02, monies received by the Owner Trustee or the Paying Agent hereunder need not be segregated in any manner except to the extent required by law or the Sale and Servicing Agreement and may be deposited under such general conditions as may be prescribed by law, and neither the Owner Trustee nor the Paying Agent shall be liable for any interest thereon.

  • Obligations of the Academy Trust The Academy Trust must keep the Land clean and tidy and make good any damage or deterioration to the Land. The Academy Trust must not do anything to lessen the value or marketability of the Land without the Secretary of State’s consent.

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