Common use of Overdrafts Clause in Contracts

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 14 contracts

Samples: Personal Contract, Personal Contract, Personal Contract

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Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: : (i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or or (ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 12 contracts

Samples: Business Contract, Business Contract, Joint Venture Agreement

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution honours an Instrument drawn by the Depositor Trustee on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor Trustee to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor Trustee must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor Trustee does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: Trustee: (i) redeem or transfer Financial Institution shares owned by the Depositor Trustee in order to credit the overdrawn Account, or or (ii) withdraw monies on deposit from another Account in the DepositorTrustee’s name and transfer them to the overdrawn Account. If the Depositor Trustee has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the DepositorTrustee. The foregoing provisions do not give the Depositor Trustee any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 4 contracts

Samples: Personal Trust Contract, Personal Trust Contract, Personal Trust Contract

Overdrafts. If the Account becomes overdrawn because: : a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: : i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account. 5.

Appears in 2 contracts

Samples: Personal Contract (Member and Account) Terms and Conditions, Personal Contract (Member and Account) Terms and Conditions

Overdrafts. An overdraft is created when you have insufficient funds in your Account to cover a check, withdrawal, automatic transfer, electronic transaction (e.g., ATM or point-of-sale purchase), returned deposited item, or any other electronic purchase, payment, or debit. If your Account is linked to Overdraft Protection from another deposit Account, the overdraft will be paid, pursuant to the terms of the Overdraft Protection paragraph stated below (and subject to the funds available in your Account becomes overdrawn because: aproviding the Overdraft Protection). Overdraft Protection transfer fees, as described in the Service Fees section of the Accounts Disclosure, will also apply. Overdraft Privilege Overdraft Privilege is a service that the Bank may, but is not required to, use to pay checks and other withdrawal requests that would otherwise overdraw your checking Account (or would exceed any Overdraft Protection or Reserve Credit Overdraft Line of Credit that you have established for the Account). Typically, the Bank limits Overdraft Privilege on consumer checking Accounts to $800.00 and offers the service only after: (1) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution has been open for deposit is returned to the Financial Institution dishonouredthirty days, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c(2) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge has had at least $400.00 in deposits made to the Account, and if (3) has incurred no overdrafts. There is no guarantee that the funds standing bank will always authorize and pay your transactions and items. The Bank retains the discretion to the credit decline payment of the items or transactions that will overdraw your Account, and may remove Overdraft Privilege from your Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from any time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to you. By federal law, banks are required to separate transactions into two categories when applying Overdraft Privilege: (1) one-time debit card transactions and ATM withdrawals, and (2) checks, ACH, recurring debit card transactions, and all other types of transfers and withdrawals. One-time debit card transactions and ATM withdrawals These types of transactions are not automatically covered by the Depositor: Overdraft Privilege service. You will be required to “Opt In” if you want the Bank to consider paying these types of transactions. If you “Opt-In” for these transactions, a fee will apply if the transaction is paid (Paid Item Fee) using Overdraft Privilege. The specific fees are disclosed in the Service Fees section of the Accounts Disclosure. If you do not “Opt-In”, the Bank will automatically decline or reject any of these transactions that would overdraw your Account. To “Opt-In”, or subsequently “Opt-Out” of Overdraft Privilege for ATM withdrawals and one-time debit card transactions, you may notify the Bank by calling us at 000-000-0000, visiting an office or our website, xxx.XxxxxxxxxXxxx.xxx. You may revoke your Opt-In or Opt-Out at any time by notifying the Bank through the same channels listed above. Your decision to Opt-In or Opt-Out of Overdraft Privilege will be effective the next business day after we receive your notice, and will apply to all transactions initiated after we have affected such notice. Checks, ACH, recurring debit card transactions, and all other types of transfers and withdrawals These types of transactions are automatically included in the standard Overdraft Privilege service. If you wish to Opt-Out of Overdraft Privilege for these specific types of transactions you must notify the Bank. If you Opt-Out, all of your checks, ACH, recurring debit card transactions and all other transfers and withdrawals will generally be returned unpaid or declined. However, recurring debit card transactions that are authorized when funds are available in your Account but post at a later date when funds are no longer available, may overdraw your Account and these items will be subject to Paid Item Fees even if you are Opted Out of the Overdraft Privilege service. The Paid Item fee for Insufficient/Unavailable Funds will apply when the checks or transactions are paid and the Returned Item Fee will apply for checks or transactions that are returned. The specific fees are disclosed in the Service Fees section of the Accounts Disclosure. To Opt-Out of Overdraft Privilege for check, ACH, recurring debit card transactions, and all other items, you may notify the Bank by calling us at 000- 000-0000 or visiting our nearest office. You may revoke this decision at any time. Your decision to Opt-Out or Opt-In to Overdraft Privilege will be effective the next business day after we receive your notice, and will apply to all transactions initiated after we have affected such notice. If you have multiple overdrafts on any given day, we may honor any one or more and return the others in any order. Multiple Paid Item or Returned Item fees can be charged against your Account per day on these occasions. The Paid Item and/or Return Item fees for all transactions shall be limited to no more than six (6) per day. In addition, if any individual item is $3.00 or less, or any individual item overdraws your Account by $5.00 or less, you will not be charged a fee. The specific fees are disclosed in the Service Fees section of the Accounts Disclosure and are subject to change from time to time. You are in the best position to ensure that your Account has sufficient funds to cover any check or other debit by maintaining an accurate and current record of your deposits and withdrawals. You have the ability to confirm your current and available Account balances through any Brookline Bank ATM, Telephone Banking, Online Banking, by contacting any office or by calling us at 000-000-0000 prior to writing a check, withdrawing cash, or initiating any electronic or debit transaction. Current and available balances do not include outstanding checks or debits not yet submitted to the Bank. Payment of an overdraft creates a debt owed to the Bank. The amount owed includes applicable fees and the amount of the item(s) paid. The Bank is not responsible for notifying you prior to incurring a Paid Item or Return Item Fee due to Insufficient/Unavailable Funds. Once you are notified that your Account is overdrawn, you will be required to repay the Bank or to deposit sufficient funds to cover the overdraft and all related fees. You agree and acknowledge that the Paid Item Fee and the Returned Item Fee are designed to compensate the Bank for its costs in processing overdraft items and to compensate the Bank for its risk in electing, at its discretion, to pay certain overdrafts. You further agree that Paid Item and Returned Item fees do not constitute a penalty. If you fail to reimburse the Bank for the overdraft and related fees, we will be entitled to recover our expenses in collecting the overdraft and fees; and any related charges including, without limitation, attorney’s fees and legal costs. The payment of one or more overdrafts does not obligate the Bank to honor or pay future overdrafts, and you should not rely upon the Bank to honor or pay any overdraft. As to any Account with multiple owners, each owner agrees that they are jointly and severally liable for any overdraft paid by the Bank and subsequent Paid Item and Return Item fees. Each owner also agrees that the Bank may debit funds from any other Account held by such owners to repay the overdraft and any related fees. Overdraft Protection Overdraft Protection is a service that automatically transfers funds to a qualifying deposit Account to cover an overdraft by one or more of the following methods: (i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn of funds from a designated Overdraft Line of Credit Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.;

Appears in 2 contracts

Samples: Personal Deposit Agreement, Personal Deposit Agreement

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that tha Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient insufficien funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient sufficien funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: : (i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or or (ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Business Contract

Overdrafts. If A request for a withdrawal of any kind (such as by check, at an ATM, through a point of sale transaction, by ACH, or otherwise) that exceeds the Account becomes overdrawn because: a) the Financial Institution honours balance of available funds in your account would be deemed to be an Instrument drawn “overdraft” and would be governed by the Depositor on provisions in this section. The “balance of available funds” in your account is the sum of deposits that have become available as described in the Bank’s Funds Availability Policy (see Section IV of this Agreement) minus amounts paid out for transactions, returned items, and fees that have been posted to your account and amounts held for transactions of which the Bank has received notice. Your balance of available funds is affected by the order in which we post transactions, as described in the paragraph above captioned “Posting.” The Bank offers several overdraft protection features, which are described below. The Bank offers two discretionary forms of overdraft protection that are described below. We pay overdrafts under these features at our discretion, which means we do not guarantee that we will always authorize and pay any type of transaction even if you have asked us to do so and even if we have done so in the past. The two discretionary overdraft features we offer are Standard Overdraft Coverage and ATM/Debit Card Overdraft Coverage. Standard Overdraft Coverage is available if you do not tell the Bank that you do not want it; ATM/Debit Card Overdraft Coverage is available only if you specifically request it. We usually do not pay discretionary overdrafts that would cause your account to be overdrawn by more than $500, but we may elect to do so. If we pay an Account item that overdraws your account, you will be charged and insufficient funds stand to the credit of that Account agree to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrumentoverdraft and all applicable Overdraft Fees as soon as we give you notice of the overdraft. If your account is eligible, the Bank may activate its Standard Overdraft Feature for your account, although it is not required to do so. An account is eligible for this feature if the account: • has been open for at least 30 days; or cand • was brought to a positive balance within 10 calendar days of any prior overdraft; and • has not received 75 or more overdraft fees assessed to it in any rolling 12-month period. Under its standard overdraft feature, the Bank may authorize and pay overdrafts for the following types of transactions: • Checks and other transactions made using your checking account number • Automated bill payments If you do not want the Bank to enable this standard overdraft feature for your account, contact the Bank in any of the ways listed in Part IX of this Agreement or speak to a representative at any branch. You can change your preference at any time by contacting the Bank with new instructions. We will not authorize and pay overdrafts caused by Debit Card transactions or ATM withdrawals unless (i) Standard Overdraft Coverage is enabled for your account and (ii) you have expressly requested ATM/Debit Card Overdraft Coverage. To request (or cancel) ATM/Debit Card Overdraft Coverage at any time, contact the Financial Institution charges a feeBank in any of the ways listed in Part IX of this Agreement, service chargevisit us online at xxx.xxxxxxxxxxx.xxx/xxxxx, or other debit speak to a representative at any branch. If there is no discretionary overdraft coverage available for your account (either because you have elected not to receive it or the Bank has elected not to provide it), we are not required to permit a withdrawal from your account if there are insufficient available funds in your account or in any linked account or approved overdraft line of credit to cover the withdrawal. If we do not permit a withdrawal that the Financial Institution is authorized would overdraw your account, you will be charged and agree to charge to the Account, and if the funds standing to the credit pay all applicable Non- Sufficient Funds (NSF) Return Item fees as soon as we give you notice of the Account are less than overdraft. More information about the amount charged to Bank’s overdraft features, including applicable limitations and fees, is available in the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial InstitutionBank’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution maySolutions Consumer Quick Guide, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem a copy of which can be obtained at any branch or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Accountonline at xxx.xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Overdrafts. If use of your Card overdraws your Account, you will be notified and you agree to make immediate payment to the Bank for the amount of any such overdrafts together with any service charges the Bank may impose. Also, whenever your Account becomes overdrawn because: ais overdrawn, we have the right to return unpaid any checks or other such orders on your Account that are presented to the Bank and to assess a service charge for making such returns. If your Account has an overdraft line of credit associated with it, the terms and conditions contained in your credit line Agreement (or other applicable agreement) will control with respect to overdrafts of your Account regardless of whether they result from Purchases, Cash Withdrawals, use of checks, or use of any other card or device. Per transfer charge: There will be no charge for transfers made using our automatic teller machines or point-of-sale service. Disclosure of Account Information: We will disclose information to third parties about your Account or the Financial Institution honours an Instrument drawn by transfers you make in the Depositor on an following circumstances : } Where it is necessary for completing transfers; } In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; } In order to comply with government agency or court orders; } Or if you give us your written permission. Account Statements: Your regular monthly Account statement will reflect each Purchase and Cash Withdrawal charged to your Account and insufficient funds stand each credit applied to your Account during the credit of that Account to pay monthly account cycle and the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or c) the Financial Institution charges a related fee, service chargeif any. Even if there is no account activity, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest you will receive a statement at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Accountleast once every three months.

Appears in 1 contract

Samples: Account Terms and Conditions

Overdrafts. If the Account becomes overdrawn because: : a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or or b) an Instrument delivered by the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: : i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Personal Contract (Member and Account) Terms and Conditions

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution DUCA honours an Instrument drawn by the Depositor Member on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor Member to the Financial Institution DUCA for deposit is returned to the Financial Institution DUCA dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution DUCA to debit the full amount of the dishonoured Instrument; or c) the Financial Institution DUCA charges a fee, service charge, or other debit that the Financial Institution DUCA is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor Member must immediately repay the amount overdrawn plus interest at the Financial InstitutionDUCA ’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor Member does not immediately repay such amounts the Financial Institution DUCA may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: Member: (i) redeem or transfer Financial Institution shares owned by the Depositor Member in order to credit the overdrawn Account, or or (ii) withdraw monies on deposit from another Account in the DepositorMember’s name and transfer them to the overdrawn Account. If the Depositor Member has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the DepositorMember. The foregoing provisions do not give the Depositor Member any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Business Member Agreement

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Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution DUCA honours an Instrument drawn by the Depositor Member on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor Member to the Financial Institution DUCA for deposit is returned to the Financial Institution DUCA dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution DUCA to debit the full amount of the dishonoured Instrument; or c) the Financial Institution DUCA charges a fee, service charge, or other debit that the Financial Institution DUCA is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor Member must immediately repay the amount overdrawn plus interest at the Financial InstitutionDUCA ’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor Member does not immediately repay such amounts the Financial Institution DUCA may, in order to recover the overdrawn amount plus interest, and without notice to the DepositorMember: i) redeem or transfer Financial Institution shares owned by the Depositor Member in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the DepositorMember’s name and transfer them to the overdrawn AccountoverdrawnAccount. If the Depositor Member has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the DepositorMember. The foregoing provisions do not give the Depositor Member any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Personal Member Agreement

Overdrafts. If the Account becomes overdrawn because: If: a) the Financial Institution honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or or b) an Instrument delivered by the Depositor to the Financial Institution for deposit deposit, discount, collection, or otherwise is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution to debit the full amount of the dishonoured Instrument; or or c) the Financial Institution charges a fee, service charge, or other debit that the Financial Institution is authorized to charge to the Account, and if the funds standing to the credit of the that Account are less than the amount charged to the Account; then such event may, at the discretion of the Financial Institution, constitute: d) an application to redeem or transfer Financial Institution shares owned by the Depositor must or to withdraw or transfer monies on deposit from an Account in the Depositor’s name, to the extent that the funds standing to the credit of the particular Account are insufficient to pay the Instrument in full, or to permit the Financial Institution to charge the returned item or the fee, service charge, or debit to that Account; and e) an application for a loan to the extent that the shares or monies standing to the credit of the Account in the Depositor’s name are insufficient to permit the payment or charging described in d) above. If the Financial Institution grants a loan under e) above, the loan will be immediately repay due and payable forthwith without demand and the amount overdrawn plus Depositor will pay interest on the balance of the loan at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositortime. The foregoing provisions do not give the Depositor any right to overdraw the an Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account. The Depositor agrees to indemnify the Financial Institution under article 7.3, Indemnity, d). 6.

Appears in 1 contract

Samples: Account Agreement

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution honours XXXX honors an Instrument drawn by the Depositor Member on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor Member to the Financial Institution XXXX for deposit is returned to the Financial Institution dishonouredXXXX dishonored, and insufficient funds stand to the credit of the Account to permit the Financial Institution XXXX to debit the full amount of the dishonoured dishonored Instrument; or c) the Financial Institution XXXX charges a fee, service charge, or other debit that the Financial Institution XXXX is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor Member must immediately repay the amount overdrawn plus interest at the Financial InstitutionXXXX ’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor Member does not immediately repay such amounts the Financial Institution XXXX may, in order to recover the overdrawn amount plus interest, and without notice to the DepositorMember: i) redeem or transfer Financial Institution shares owned by the Depositor Member in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the DepositorMember’s name and transfer them to the overdrawn AccountoverdrawnAccount. If the Depositor Member has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the DepositorMember. The foregoing provisions do not give the Depositor Member any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.. Personal Member Agreement Terms and Conditions

Appears in 1 contract

Samples: Personal Member Agreement

Overdrafts. If the Account becomes overdrawn because: a) the Financial Institution Credit Union honours an Instrument drawn by the Depositor on an Account and insufficient funds stand to the credit of that Account to pay the Instrument in full; or b) an Instrument delivered by the Depositor to the Financial Institution Credit Union for deposit is returned to the Financial Institution Credit Union dishonoured, and insufficient funds stand to the credit of the Account to permit the Financial Institution Credit Union to debit the full amount of the dishonoured Instrument; or c) the Financial Institution Credit Union charges a fee, service charge, or other debit that the Financial Institution Credit Union is authorized to charge to the Account, and if the funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Credit Union's Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution Credit Union may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem or transfer Financial Institution Credit Union shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Account Agreement

Overdrafts. If the balance of collected funds in an Account becomes overdrawn because: a) the Financial Institution honours is insufficient to pay an Instrument item or items drawn by you thereon, we will not be required to pay such item(s), but you agree to pay a service charge for the Depositor on processing and return of the item(s). If we, at our sole discretion, agree to pay such item, we may deduct an overdraft charge from the Account ("Overdraft Charge"), and insufficient funds stand to the credit of that Account you agree to pay the Instrument in full; or boverdraft balance and the Overdraft Charge within five (5) an Instrument delivered by calendar days from the Depositor to the Financial Institution for deposit is returned to the Financial Institution dishonoured, and insufficient funds stand to the credit date of the Account overdraft. In the event of an overdraft balance in an Account, we shall have the right, at our sole discretion, to permit charge you interest on the Financial Institution to debit the full amount of the dishonoured Instrument; or coverdraft at such interest rate as we deem appropriate (but not to exceed the highest interest rate allowed by applicable law) (“Overdraft Interest"), and to set-off against or charge to any Account which you may have at Bank, the Financial Institution charges a feeamount of such overdraft and Overdraft Interest thereon, service chargewithout prior notice to or the consent of the Customer. Bank makes no representation that Bank’s Overdraft Interest is the lowest or best rate of interest offered by Bank for overdrafts or for loans of any other kind. In order to provide funds with which to pay an item presented for payment on an Account, or other debit that to cover an overdraft in an Account we may, at our sole discretion, trans- fer funds from one Account of yours to another Account of yours, regardless of whether either Account is joint or single and/ or a Demand Deposit, Money Market or a Time Deposit Account; however, in the Financial Institution is authorized to charge absence of a specific written agreement to the Account, and if the contrary with you. Bank shall be under no obligation to provide funds standing to the credit of the Account are less than the amount charged to the Account; then the Depositor must immediately repay the amount overdrawn plus interest at the Financial Institution’s Overdraft Rate in effect from time to time by depositing sufficient funds into the overdrawn Account. If the Depositor does not immediately repay such amounts the Financial Institution may, in order to recover the overdrawn amount plus interest, and without notice to the Depositor: i) redeem or transfer Financial Institution shares owned by the Depositor in order to credit the overdrawn Account, or ii) withdraw monies on deposit from another Account in the Depositor’s name and transfer them to the overdrawn Account. If the Depositor has applied and been approved for Overdraft Protection on the Account, this section is subject to the separate Overdraft Protection Terms and Conditions that are provided to the Depositor. The foregoing provisions do not give the Depositor any right to overdraw the Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card, that would result in a negative balance in the Account.

Appears in 1 contract

Samples: Account Agreement

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