Our Rights If You Default. If you default under this Agreement, we may take any and all actions permitted by law including, but not limited to, requiring you immediately to pay the total outstanding balance on your Account, suspending your Account and cancelling all Cards until such time as the total outstanding balance has been paid, permanently closing your Account, and any other actions provided in this Agreement.
Our Rights If You Default. If any of the events listed above occurs, we may temporarily or permanently suspend any and all account and card privileges and/or we may demand immediate payment of the account balance. If immediate payment is demanded, you agree to continue paying finance charges, at the applicable interest rate, until the account balance has been paid, and any shares that were given as security for your account may be applied towards what you owe.
Our Rights If You Default. You are in default of this Cardholder Agreement if you: (a) do not fully pay any payment when it is due; (b) violate a provision of this Cardholder Agreement or any other agreement you have entered into with us or our affiliates; (c) you become the subject of bankruptcy, insolvency, attachment or garnishment proceedings; (d) you provide us with misleading, false, incomplete or incorrect information; (e) you advise us that you are unable or unwilling to abide by the terms of this Cardholder Agreement; or (f) you die. To the extent permitted by applicable law, if you default under this Cardholder Agreement, we may take any one or more of the following actions: (i) cancel the terms of all promotions applicable to your Account (including, if applicable, revoking the waiver of any interest by us) and require you to pay your Account balance according to the terms of this Cardholder Agreement applicable to Regular Credit Purchases, including, if applicable, increasing the rate at which interest accrues to the next highest AIR set forth above; (ii) require you to pay your Account balance immediately; (iii) cancel any payment protection insurance applicable to your Account; (iv) suspend or cancel your Account privileges; (v) bring an action or proceeding to collect all amounts owed to Flexiti by you, including costs we incur in connection with any of our collection efforts, as well as reasonable legal fees and disbursements; (vi) deduct money from any other account you have with us or any of our affiliates and use it to pay the amount (or part of the amount) that is owing to us; and (vii) exercise any other rights or remedies we may have at law, in equity or under this Cardholder Agreement. If you breach this Cardholder Agreement, you agree to pay the costs we incur in connection with any of our collection efforts, as well as our reasonable legal fees and disbursements.
Our Rights If You Default. 19.1. If you do not make any payment when it is due or otherwise fail to comply with any of your obligations under this Agreement, we may, at our option, declare you in default under this Agreement. We may also, at our option, declare you in default if any statement that you made in connection with your account was false or misleading, you breach any other agreement that you may have with us or with any of our affiliates, if bankruptcy or other creditor proceedings are threatened or initiated against you, or if we have any reason to believe that you will be unable to make payments or you will otherwise not be able to comply with this Agreement.
19.2. If you are in default under this Agreement, the Balance will become due and payable on demand from us. At our discretion, we may require or allow you to pay amounts that are less than the full amount owing to us without limiting our right to claim the full Balance. You will also be responsible for all costs that we and our agents incur to collect or attempt to collect what is owing to us under this Agreement, including legal fees on a full indemnity basis charged by both our internal and external legal counsel.
Our Rights If You Default. If any of the events listed above occurs, we may temporarily or permanently suspend any and all Account and Card privileges and/or we may demand immediate payment of the Account Balance. We may close or suspend your Account at any time, without notifying you, as permitted by law. If we ask, you must return your Card(s) to us, cut in half. You agree that you will not attempt to make a Purchase or obtain a Cash Advance after you have been notified that your privilege to use your Account has been terminated. We may cancel your current Card and issue you a substitute Card at any time. You may close your Account at any time by notifying us in writing, and you must include your signature. If we close or suspend your Account, or if you close your Account, you understand and agree that you remain obligated to repay the entire Account Balance. You understand and agree that interest charges at the APR as permitted under this Agreement will continue to accrue until you repay your entire Account Balance. We may hire or pay someone else to help collect your Account if you do not pay. You will pay us any collection costs incurred by us. This includes, subject to any limits under applicable law, our attorneys' fees and our legal expenses, including attorneys’ fees and legal expenses for bankruptcy proceedings, civil actions, arbitration proceedings, declaratory actions or other filings or proceedings, declaratory efforts to modify or vacate any automatic stay or injunction, appeals, and any anticipated post- judgment collection services. You will also pay any court costs, in addition to all other sums provided or allowed by law.
Our Rights If You Default. If you do not make the required payment by the payment due date, fail to abide by any of the terms of this Agreement, become bankrupt or insolvent, make any false or misleading statements on your application for this account, default on the payment of any other obligation to us, your property is seized by garnishment, attachment or any other process by any creditor, legal action against you is pending or in progress that will prohibit JN Bank lending to you (in which case all other accounts will also be frozen). We may terminate your Designated Account and we may take the following actions:
1. Demand full and immediate payment - The entire balance owing on the Designated Account will, at our option become due and payable with interest at the annual interest rate payable on the Designated Account at the time;
2. Fix the minimum payment at the existing or a new percentage of your outstanding balance at the time of default or a specified dollar amount, even if greater than the amount previously in effect; your future minimum payments will then be fixed at that amount until your account has been paid in full;
3. We may without notice to you recover outstanding monies by establishing a lien against existing secured assets, deducting money from any other account that you have with us or any of JN BANK’ Subsidiaries or Associated Companies and applying those sums to your Designated Account and/or in the case of staff deduct outstanding amounts from salary; and/or
4. Request that you cut the Card(s) and return it (them) to us.
Our Rights If You Default. If you fail to make the required payment by the Payment Due Date, fail to abide by any of the terms of this Agreement, become bankrupt or insolvent, make any false or misleading statements on your Card application, default on the payment of any other obligation to us, your property is seized by garnishment, attachment or any other process by any creditor, legal action against you is pending or in progress, that will prohibit Us lending to you (in which case all other accounts will also be frozen) we may terminate Your account and we may take the following actions:
1. Demand full immediate payment of the entire balance owning on the account and apply the annual interest rate.
2. Fix the minimum payment at the existing or a new percentage of your outstanding balance at the time of default or a specified dollar amount even if greater than the amount previously in effect. Your future minimum payments may be fixed at that amount until your account is paid in full.
3. We may without notice to you recover outstanding moneys by deducting moneys from any account that you have with VMBS or any entity within the VM Group of Companies.
Our Rights If You Default. If you do not make any payment when it is due or otherwise fail to comply with any of your obligations under this Agreement, we may, at our option, declare you in default under this Agreement. We may also, at our option, declare you in default if any statement that you made in connection with your Account was false or misleading, you breach any other agreement that you may have with us or with any of our affiliates, if bankruptcy or other creditor proceedings are threatened or initiated against you, or if we have any reason to believe that you will be unable to make payments or you will otherwise not be able to comply with this Agreement. If you are in default under this Agreement, the Balance will become due and payable on demand from us. At our discretion, we may require or allow you to pay amounts that are less than the full amount owing to us without limiting our right to claim the full Balance. You will also be responsible for all costs that we and our agents incur to collect or attempt to collect what is owing to us under this Agreement, including legal fees on a full indemnity basis charged by both our internal and external legal counsel. We may make changes to this Agreement, including changes to the information disclosed in the Disclosure Statement, by giving you subsequent notice of each change, unless advance notice is required by law. This Agreement will be interpreted in accordance with Canadian law and with the applicable laws of the province or territory in which you reside (or the applicable laws of Ontario if you reside outside of Canada). In the event of a dispute, you agree that the courts in the province or territory where you reside (or the applicable laws of Ontario if you reside outside of Canada) will have exclusive jurisdiction over any dispute arising in connection with your Card, your Account or this Agreement.
Our Rights If You Default. You are in default of this Cardholder Agreement if you: (a) do not fully pay any payment when it is due; (b) violate a provision of this Cardholder Agreement or any other agreement you have entered into with us or our affiliates; (c) you become the subject of bankruptcy, insolvency, attachment or garnishment proceedings; (d) you provide us with misleading, false, incomplete or incorrect information; (e) you advise us that you are unable or unwilling to abide by the terms of this Cardholder Agreement; or (f) you die. To the extent permitted by applicable law, if you default under this Cardholder Agreement, we may take any one or more of the following actions: (a) cancel the terms of all promotions applicable to your Account (including, if applicable, revoking the waiver of any interest by us) and require you to pay your Account balance according to the terms of this Cardholder Agreement applicable to Regular Credit Purchases, including, if
Our Rights If You Default. 19.1. If you do not make any payment when it is due or otherwise fail to comply with any of your obligations under this Agreement, we may, at our option, declare you in default under this Agreement. We may also, at our option, declare you in default if any statement that you made in connection with your account was false or misleading, you breach any other agreement that you may have with us or with any of our affiliates, if bankruptcy or other creditor proceedings are threatened or initiated against you, or if we have any reason to believe that you will be unable to make payments or you will otherwise not be able to comply with this Agreement.
19.2. If you are in default under this Agreement, the Balance will become due and payable on demand from us. At our discretion, we may require or allow you to pay amounts that are less than the full amount owing to us without limiting our right to claim the full Balance.
