Common use of Overdraft Facility Clause in Contracts

Overdraft Facility. (1) In cases where the amount requested for direct debit payment or withdrawals is in excess of the funds available in the account, the account is automatically overdrawn against the debenture (hereinafter referred to as “Collateral Debenture”) and the fixed term yen deposits which the Bank designates, such as Time Deposit, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If an eligible product for collateral is added, it shall be announced by the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However the overdraft facility service may be extended to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital status. (3) The maximum amount of the overdraft facility set out in Item (1) (hereinafter referred to as “Overdraft Limit”) shall be the lesser of either up to 90% of the total amount of the Collateral Debentures and the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank offices, etc. (4) The ratio referred to in the preceding Paragraph may be subject to changes in financial market conditions, etc. In such cases, an effective date and a new ratio shall be announced by posting at the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request of the Bank. (5) If the account remains overdrawn as set forth in Paragraph (1), the fund deposited or transferred to a savings account (the amounts of Instruments accepted shall be excluded from such balance until they are settled.) shall be automatically allocated to repay the overdrawn amount. (6) When terminating the overdraft service set forth in Paragraph (1), funds should be deposited into a savings account to settle the overdrawn amount and the call center (to which you will be connected via the telephone number designated by the Bank as “Shinsei PowerCall.”) should be contacted .

Appears in 5 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Overdraft Facility. (1a) In cases where Subject to paragraph (c) below, on the amount requested for direct debit payment or withdrawals is in excess of the funds available in the accountCompletion Date, the account is automatically overdrawn against Original Overdraft Bank shall exercise its rights of set-off (and, to the debenture (hereinafter referred extent necessary, enforce any guarantees given to as “Collateral Debenture”the Original Overdraft Bank) and the fixed term yen deposits which the Bank designates, such as Time Deposit, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If an eligible product for collateral is added, it shall be announced by the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However reduce the overdraft facility service may be extended outstandings (if any) to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital statustheir net amount on that date. (3b) The maximum amount Immediately following the reduction under paragraph (a) above on the Completion Date (and without any further action by any other person): (i) with the consent of the overdraft facility set out in Item Company (1as "Parent" under the Credit Agreement), as evidenced by the Company's execution of this Agreement, the Original Overdraft Bank shall resign from its appointment as Overdraft Bank under the Credit Agreement; (ii) (hereinafter referred to as “the Original Overdraft Limit”) Bank shall be released from its obligations under the lesser of either up Credit Agreement; (iii) the Purchaser shall be appointed by the Company (as "Parent" under the Credit Agreement) as successor Overdraft Bank under the Credit Agreement; and (iv) the Original Overdraft Bank shall assign its rights as Overdraft Bank under the Credit Agreement and the other Finance Documents to 90% the Purchaser and the Purchaser shall assume the rights and obligations of the total amount of Original Overdraft Bank as Overdraft Bank under the Collateral Debentures and the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank offices, etcCredit Agreement. (4c) The ratio referred If requested by the Company, on the Completion Date the Purchaser will place (pound) 6,000,000 with the Original Overdraft Bank (together with documentation reasonably acceptable to the Original Overdraft Bank) as cash collateral for the Overdraft Facility or make such other alternative arrangements as the Original Overdraft Bank agrees with the Purchaser, and in each case paragraphs (a) and (b) above will not apply, the preceding Paragraph may Overdraft Net Balance will be subject deemed to changes in financial market conditionsbe nil, etc. In such cases, an effective date and a new ratio no balance relating to the Overdraft Facility or any account relating to the Overdraft Facility shall be announced by posting at the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request of the Bank. (5) If the account remains overdrawn as set forth in Paragraph (1), the fund deposited assigned or transferred to a savings account (the amounts of Instruments accepted shall be excluded from such balance until they are settled.) shall be automatically allocated to repay the overdrawn amount. (6) When terminating the overdraft service set forth in Paragraph (1), funds should be deposited into a savings account to settle the overdrawn amount and the call center (Original Overdraft Bank will continue the Overdraft Facility for up to which you will be connected via 75 days on a demand basis pending replacement arrangements acceptable to the telephone number designated by the Original Overdraft Bank as “Shinsei PowerCallbeing put in place.”) should be contacted .

Appears in 1 contract

Samples: Debt Transfer Agreement (Cordiant Communications Group PLC /Adr)

Overdraft Facility. (1a) In cases where Subject to the terms and conditions of this Credit Agreement, including, without limitation, the conditions of this ss.2.11, each of Genrad Europe and Genrad Ltd. may from time to time between the date hereof and the Revolving Credit Loan Maturity Date (i) utilize an overdraft facility on a Sterling-denominated current account with the Overdraft Bank in the name of Genrad Europe or Genrad Ltd., as the case may be, (the "Overdraft Facility") by causing checks or other items denominated in Sterling to be presented for payment against such current account in amounts greater than the then available balance in such current account and (ii) request that the Overdraft Bank agree to issue Collateral Instruments to or for the account of Genrad Europe and Genrad Ltd., as the case may be upon receipt by it of a duly-completed and executed Counter Indemnity from Genrad Europe or Genrad Ltd., as the case may be, in respect of each such Collateral Instrument, in form and substance satisfactory to the Overdraft Bank provided that the aggregate amount requested of all liabilties of Genrad Europe and Genrad Ltd. in respect of the Overdraft Facility and all such Counter Indemnities (whether contingent or otherwise) (the "Total Overdraft Usage") shall not esceed the Maximum Overdraft Amount . As to the Overdraft Facility, each such presentation shall be deemed to be a request by Genrad Europe or Genrad Ltd., as the case may be, for direct debit payment or withdrawals is a utilization of the Overdraft Facility in an amount equal to the excess of such check or other item over such available balance, and shall be irrevocable. Notwithstanding the funds available foregoing, at no time shall the Total Overdraft Usage exceed the Maximum Overdraft Amount. After the occurrence of an Event of Default, the Overdraft Bank may terminate the Overdraft Facility in its entirety and reduce the Maximum Overdraft Amount to zero with immediate effect at its sole discretion by written notice to the Company, Genrad Europe and Genrad Ltd., and the entire principal amount of the debit balance in the accountOverdraft Facility, together with all interest accrued thereon, shall become immediately due and payable. The entire principal amount of the account is automatically overdrawn against debit balance in the debenture (hereinafter referred to as “Collateral Debenture”) and the fixed term yen deposits which the Bank designatesOverdraft Facility, such as Time Deposittogether with all interest accrued thereon, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If an eligible product for collateral is added, it shall be announced by due and payable on the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However the overdraft facility service may be extended to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital statusRevolving Credit Loan Maturity Date. (3b) The maximum If at any time the outstanding amount of the overdraft facility set out debit balance in Item the Overdraft Facility plus the aggregate amount of all liabilities in respect of all Counter Indemnities shall exceed the Maximum Overdraft Amount (1) (hereinafter referred due to as “Overdraft Limit”) shall be currency fluctuations or otherwise), the lesser Borrowers hereby jointly and severally, absolutely and unconditionally promise to repay the amount of either up such excess to 90% the Agent for the account of the total amount of the Collateral Debentures and the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank offices, etc. (4) The ratio referred to in the preceding Paragraph may be subject to changes in financial market conditions, etc. In such cases, an effective date and a new ratio shall be announced by posting at the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request of the Bank. (5c) If Interest on the account remains overdrawn as set forth in Paragraph (1), the fund deposited or transferred to a savings account (the amounts of Instruments accepted Overdraft Facility shall be excluded from such payable on the day to day cleared debit balance until they are settled.in Genrad Europe's or Genrad Ltd.'s (as the case may be) current account maintained with the Overdraft Bank. Except as provided in ss.5.11 hereto, interest on the Overdraft Facility shall be automatically allocated payable at the annual percentage rate of interest determined by the Agent to repay be the overdrawn amountsum of (i) the Sterling Base Rate, plus (ii) the Applicable Margin with respect to Sterling Base Rate Loans as in effect from time to time. The rate of interest on the Overdraft Facility shall be adjusted from time to time to reflect changes in the Sterling Base Rate and the Applicable Margin. Any such change in such rate of interest shall become effective on the date of the change in the Sterling Base Rate and/or the date of the change in the Applicable Margin. The Borrowers jointly and severally promise to pay interest on the Overdraft Facility (i) monthly in arrears on the last day of each calendar month, commencing on the first such date following the Closing Date and (ii) the date on which the Overdraft Facility is repaid in full. (6d) When terminating Interest due with respect to the overdraft service set forth Overdraft Facility shall be paid to the Agent for the account of the Overdraft Bank, provided that to the extent that a Bank has paid to the Overdraft Bank any amount in Paragraph (1respect of the Overdraft Facility as provided in ss.2.11(e), funds should interest to the extent of such amount shall thereafter be deposited into a savings for the account of such Bank, minus one-eighth of one percent (1/8%) which shall be for the account of the Overdraft Bank. (e) Each Bank irrevocably and unconditionally undertakes to settle pay to the overdrawn amount and Agent for the call center (to which you will be connected via account of the telephone number designated Overdraft Bank on demand made by the Overdraft Bank through the Agent: (i) its Commitment Percentage of the debit balance from time to time in Genrad Europe's or Genrad Ltd.'s (as the case may be) current account maintained with the Overdraft Bank which Genrad Europe or Genrad Ltd., as the case may be, fails to pay together with interest which has accrued with respect thereto; and (ii) such additional amount as shall be necessary to reimburse the Overdraft Bank for its cost of funding the amount payable by such Bank as “Shinsei PowerCall.”mentioned in clause (i) should be contacted .above during the period beginning on the date the amount was due from Genrad Europe or Genrad Ltd., as the case may be, and ending on the date demand is made on such Bank for payment of the same,

Appears in 1 contract

Samples: Revolving Credit Agreement (Genrad Inc)

Overdraft Facility. (1a) In cases where Subject to the terms and conditions of this Agreement, including, without limitation, the conditions of this Section 2.9, Tier UK may from time to time between the date hereof and the Revolving Credit Termination Date (i) utilize an overdraft facility on a Sterling-denominated current account with the Overdraft Bank in the name of Tier UK (the "Overdraft Facility") by causing checks or other items denominated in Sterling to be presented for payment against such current account in amounts greater than the then available balance in such current account and (ii) request that the Overdraft Bank agree to issue Collateral Instruments to or for the account of Tier UK upon receipt by it of a duly-completed and executed Counter Indemnity from Tier UK in respect of each such Collateral Instrument, in form and substance satisfactory to the Overdraft Bank provided that the aggregate amount requested of all liabilities of Tier UK in respect of the Overdraft Facility and all such Counter Indemnities (whether contingent or otherwise) (the "Total Overdraft Usage") shall not exceed the Maximum Overdraft Amount. As to the Overdraft Facility, each such presentation shall be deemed to be a request by Tier UK for direct debit payment or withdrawals is a utilization of the Overdraft Facility in an amount equal to the excess of such check or other item over such available balance, and shall be irrevocable. Notwithstanding the funds available foregoing, at no time shall the Total Overdraft Usage exceed the Maximum Overdraft Amount. After the occurrence of an Event of Default, the Overdraft Bank may terminate the Overdraft Facility in its entirety and reduce the Maximum Overdraft Amount to zero with immediate effect at its sole discretion by written notice to the Company and Tier UK, and the entire principal amount of the debit balance in the accountOverdraft Facility, together with all interest accrued thereon, shall become immediately due and payable. The entire principal amount of the account is automatically overdrawn against debit balance in the debenture (hereinafter referred to as “Collateral Debenture”) and the fixed term yen deposits which the Bank designatesOverdraft Facility, such as Time Deposittogether with all interest accrued thereon, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If an eligible product for collateral is added, it shall be announced by due and payable on the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However the overdraft facility service may be extended to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital statusRevolving Credit Termination Date. (3b) The maximum If at any time the outstanding amount of the overdraft facility set out debit balance in Item the Overdraft Facility plus the aggregate amount of all liabilities in respect of all Counter Indemnities shall exceed the Maximum Overdraft Amount (1) (hereinafter referred due to as “Overdraft Limit”) shall be currency fluctuations or otherwise), the lesser Borrowers hereby jointly and severally, absolutely and unconditionally promise to immediately repay the amount of either up such excess to 90% the Bank for the account of the total amount of the Collateral Debentures and the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank offices, etc. (4) The ratio referred to in the preceding Paragraph may be subject to changes in financial market conditions, etc. In such cases, an effective date and a new ratio shall be announced by posting at the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request of the Bank. (5c) If Any amounts borrowed under the account remains overdrawn as set forth in Paragraph (1), the fund deposited or transferred to a savings account (the amounts of Instruments accepted Overdraft Facility shall be excluded from such balance until they are settled.) deemed to be Revolving Loans hereunder and shall be automatically allocated evidenced by the Note in the form of Exhibit A-2 attached hereto. ----------- (d) Interest on the Overdraft Facility shall be payable on the day to repay day cleared debit balance in Tier UK's current account maintained with the overdrawn amountOverdraft Bank. Except as provided in Section 2.13 hereto, interest on the Overdraft Facility shall be payable at the annual percentage rate of interest determined by the Bank to be the sum of (i) the Sterling Base Rate, plus (ii) two and one ---- half percent (2.5%). The rate of interest on the Overdraft Facility shall be adjusted from time to time to reflect changes in the Sterling Base Rate. Any such change in such rate of interest shall become effective on the date of the change in the Sterling Base Rate. The Borrowers jointly and severally promise to pay interest on the Overdraft Facility (i) monthly in arrears on the last day of each calendar month, commencing on the first such date following the Closing Date and (ii) the date on which the Overdraft Facility is repaid in full. (6e) When terminating Interest due with respect to the overdraft service set forth in Paragraph Overdraft Facility shall be paid to the Bank for the account of the Overdraft Bank. (1)f) Tier UK shall, funds should be deposited into a savings account to settle on the overdrawn amount date of issuance or any extension or renewal of any Collateral Instrument and the call center (to which you will be connected via the telephone number designated at such other time or times as such charges are customarily made by the Overdraft Bank, pay a fee (in each case, a "Collateral Instrument Fee") to the Overdraft Bank as “Shinsei PowerCallin respect of each Collateral Instrument equal to the rate of two and one half percent (2.5%) plus the Overdraft Bank's ---- customary issuance fee, such fee to be for the account of the Overdraft Bank. (g) should be contacted The Company hereby absolutely and unconditionally promises to pay to the Bank any amounts borrowed by Tier UK under the Overdraft Facility and guarantees to the Bank that Tier UK will duly and punctually pay and perform all of its Obligations to the Bank under the Overdraft Facility and otherwise under this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tier Technologies Inc)

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Overdraft Facility. (1a) In cases where Subject to the terms and conditions of this Credit Agreement, including, without limitation, the conditions of this ss.2.10, each of the UK Borrowers may from time to time between the date hereof and the Revolving Credit Loan Maturity Date utilize an overdraft facility on a Sterling-denominated current account with the Overdraft Bank in the name of the applicable UK Borrower (the "Overdraft Facility") by causing checks or other items denominated in Sterling to be presented for payment against such current account in amounts greater than the then available balance in such current account provided that the aggregate amount requested of all liabilities of the UK Borrowers in respect of the Overdraft Facility (the "Total Overdraft Usage") shall not exceed the Maximum Overdraft Amount. As to the Overdraft Facility, each such presentation shall be deemed to be a request by the applicable UK Borrower for direct debit payment or withdrawals is a utilization of the Overdraft Facility in an amount equal to the excess of such check or other item over such available balance, and shall be irrevocable. Notwithstanding the funds available foregoing, at no time shall the Total Overdraft Usage exceed the Maximum Overdraft Amount. After the occurrence of an Event of Default, the Overdraft Bank may terminate the Overdraft Facility in its entirety and reduce the Maximum Overdraft Amount to zero with immediate effect at its sole discretion by written notice to the UK Borrowers, and the entire principal amount of the debit balance in the accountOverdraft Facility, together with all interest accrued thereon, shall become immediately due and payable. The entire principal amount of the account is automatically overdrawn against debit balance in the debenture (hereinafter referred to as “Collateral Debenture”) and the fixed term yen deposits which the Bank designatesOverdraft Facility, such as Time Deposittogether with all interest accrued thereon, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If an eligible product for collateral is added, it shall be announced by due and payable on the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However the overdraft facility service may be extended to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital statusRevolving Credit Loan Maturity Date. (3b) The maximum If at any time the outstanding amount of the overdraft facility set out debit balance in Item the Overdraft Facility shall exceed the Maximum Overdraft Amount (1) (hereinafter referred due to as “Overdraft Limit”) shall be currency fluctuations or otherwise), the lesser UK Borrowers hereby jointly and severally, absolutely and unconditionally promise to repay the amount of either up such excess to 90% the Agent for the account of the total amount of the Collateral Debentures and the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank offices, etc. (4) The ratio referred to in the preceding Paragraph may be subject to changes in financial market conditions, etc. In such cases, an effective date and a new ratio shall be announced by posting at the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request of the Bank. (5c) If Interest on the account remains overdrawn as set forth in Paragraph (1), the fund deposited or transferred to a savings account (the amounts of Instruments accepted Overdraft Facility shall be excluded from such payable on the day to day cleared debit balance until they are settled.) in the applicable UK Borrower's current account maintained with the Overdraft Bank. Except as provided in ss.6.11 hereto, interest on the Overdraft Facility shall be automatically allocated payable at the annual percentage rate of interest determined by the Agent to repay be the overdrawn amountsum of (i) the Sterling Base Rate, plus (ii) the Applicable Margin with respect to Sterling Base Rate Loans as in effect from time to time. The rate of interest on the Overdraft Facility shall be adjusted from time to time to reflect changes in the Sterling Base Rate and the Applicable Margin. Any such change in such rate of interest shall become effective on the date of the change in the Sterling Base Rate and/or the date of the change in the Applicable Margin. The UK Borrowers jointly and severally promise to pay interest on the Overdraft Facility (i) monthly in arrears on the last day of each calendar month, commencing on the first such date following the Closing Date and (ii) the date on which the Overdraft Facility is repaid in full. (6d) When terminating Interest due with respect to the overdraft service set forth Overdraft Facility shall be paid to the Agent for the account of the Overdraft Bank, provided that to the extent that a Bank has paid to the Overdraft Bank any amount in Paragraph (1respect of the Overdraft Facility as provided in ss.2.10(e), funds should interest to the extent of such amount shall thereafter be deposited into for the account of such Bank. (e) Each Bank irrevocably and unconditionally undertakes to purchase a savings participation of any debit balance by paying to the Agent for the account of the Overdraft Bank on demand made by the Overdraft Bank through the Agent: (i) its Commitment Percentage of the debit balance from time to settle time in the overdrawn amount applicable UK Borrower's current account maintained with the Overdraft Bank if such UK Borrower fails to pay together with interest which has accrued with respect thereto, provided that no Bank shall be obligated to pay to the Agent its Commitment Percentage of any portion of any debit balance arising solely by the making of any advance by the Overdraft Bank after the Overdraft Bank and the call center Agent had written notice from any Borrower or any Bank of a Default hereunder; and (ii) such additional amount as shall be necessary to reimburse the Overdraft Bank (to which you will be connected via the telephone number designated extent not reimbursed by the applicable UK Borrower) for its cost of funding the amount payable by such Bank as “Shinsei PowerCall.”mentioned in clause (i) should be contacted .above during the period beginning on the date the amount was due from such UK Borrower and ending on the date demand is made on such Bank for payment of the same,

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genrad Inc)

Overdraft Facility. 3.1 The Lender, relying (1inter alia) In cases where the amount requested for direct debit payment or withdrawals is in excess upon each of the funds available representations and warranties set out in Clause 2.1, hereby agrees, subject to and upon the accountterms and conditions of this Agreement and, in particular, the account is automatically overdrawn against fulfilment of the debenture (hereinafter referred conditions precedent set out in Clause 4.1, to as “Collateral Debenture”) and make available to the fixed term yen deposits which the Bank designates, such as Time Deposit, Premium Time Deposit, and PoweredOne (hereinafter referred to as “Collateral Deposits”. If Borrower an eligible product for collateral is added, it shall be announced by the Bank in an appropriate manner.) (2) The overdraft facility as set forth in the preceding Paragraph is available to customers who are 20 years of age or older. However the overdraft facility service may be extended to minors, less than 20 years of age, who submit the Bank-designated letter of consent of a parental representative or any documents which prove marital status. (3) The maximum amount of Fifty million Dollars ($50,000,000) by way of debit of the overdraft facility set out in Item (1) (hereinafter referred Overdraft Account. 3.2 Subject to as “Overdraft Limit”) the terms of this Agreement, the Borrower shall be entitled to make withdrawals during the lesser Availability Period from the Overdraft Account provided always that: (a) at no time shall the Overdraft Balance exceed $50,000,000; and (b) the Borrower shall only be permitted to make withdrawals from the Overdraft Account for working capital purposes, including payment of either dividends to its shareholders of up to 90% $3.00 per share. 3.3 The Borrower shall pay interest on the Overdraft Balance at the prevailing Interest Rate from time to time. Such interest shall be payable monthly in arrears commencing with a first such payment one month after the date of the total first withdrawal from the Overdraft Account and the Lender shall, on each date for the payment of such interest in respect of the Overdraft Balance debit the Overdraft Account with the amount of such interest then accrued and unpaid provided always that the Collateral Debentures Lender shall not be obliged to debit the Overdraft Account as aforesaid with any such amount of interest in respect of the Overdraft Balance if, and to the Collateral Deposits (amounts less than one yen shall be rounded off.) or the Bank-designated overdraft limit posted at the Bank officesextent that, etc. (4) The ratio referred to such debit will result in the preceding Paragraph may be subject to changes Overdraft Balance exceeding $50,000,000 (or such reduced amounts in financial market conditions, etc. In such cases, an effective date and a new ratio shall be announced by posting at accordance with the Bank offices, etc. In cases where an overdrawn amount exceeds the updated Overdraft Limit, you will be requested that the Collateral Debentures or the Collateral deposits be laid in pledge to secure the exceeded amount; or the overdrawn amount exceeding the new Overdraft Limit be paid immediately upon request terms of the BankClause 3. (5) If the account remains overdrawn as set forth in Paragraph (1), the fund deposited or transferred to a savings account (the amounts of Instruments accepted shall be excluded from such balance until they are settled.) shall be automatically allocated to repay the overdrawn amount. (6) When terminating the overdraft service set forth in Paragraph (1), funds should be deposited into a savings account to settle the overdrawn amount and the call center (to which you will be connected via the telephone number designated by the Bank as “Shinsei PowerCall.”) should be contacted .

Appears in 1 contract

Samples: Facility Agreement (Anangel American Shipholdings LTD)

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