Common use of PAYMENT CONDITIONS AND PERFORMANCE OF OBLIGATIONS Clause in Contracts

PAYMENT CONDITIONS AND PERFORMANCE OF OBLIGATIONS. 5.1. For the purpose of the present General Terms the Customer has opened and has designated to the Bank one or more current accounts that will be utilized for the FX Transactions. The aforementioned is not typically a prerequisite for the performance of cash transactions. 5.2. The Customer undertakes the responsibility to ensure that when requesting a firm quotation and thus confirming the transaction execution, the aforementioned accounts, upon which charges/debits/credits will be made for the execution of the agreed transactions, have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.3. Exceptionally, for transactions with Value Date Tomorrow (FX Tomorrow) and Spot (FX Spot), and only after the Banks written approval, the Bank may agree to provide to specific Customers the right and responsibility to ensure, instead, that at the Maturity Date of each transaction, the aforementioned accounts 5.4. The Customer hereby grants the Bank the irrevocable power and authority to operate the above- mentioned accounts, withdraw from or deposit to them any amount required in connection with any specific transaction, as well as to proceed to the required debits and credits. 5.5. In case of the non fulfillment of a material obligation under the present General Terms or a particular Order, such as but not limited to the existence of sufficient funds at the Transaction Date or at the Maturity Date respectively as stipulated in the paragraphs above in the accounts specified in the Foreign Exchange Application Form, the Bank considers the Customer Orders withdrawn and the concluded transactions annulled. In this case the Bank is entitled to terminate any outstanding transactions covered from the present General Terms and automatically perform transactions in the opposite direction of the original one, at the currently applicable official foreign exchange rates of the Bank after adjusting for any fees or commissions. Any damage that may result for the Bank burdens the Customer. The damage is due from the Maturity Date of the transaction. 5.6. For covering any damage stipulated in the paragraph 5.5. the Customer gives his consent to the Bank acting also as a Calculation Agent to collect via direct debit from his accounts opened with the Bank the amount of the exchange rate differential generated from the reversal of the FX Transactions. In case of non sufficient funds in the accounts of the Customer, a default interest, as legally acceptable from time to time and defined by OG 13/2011,

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

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PAYMENT CONDITIONS AND PERFORMANCE OF OBLIGATIONS. 5.1. For the purpose of the present General Terms the Customer has opened and has designated to the Bank one or more current accounts that will be utilized for the FX Transactions. The aforementioned is not typically a prerequisite for the performance of cash transactions. 5.2. The Customer undertakes the responsibility to ensure that when requesting a firm quotation and thus confirming the transaction execution, the aforementioned accounts, upon which charges/debits/credits will be made for the execution of the agreed transactions, have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.3. Exceptionally, for transactions with Value Date Tomorrow (FX Tomorrow) and Spot (FX Spot), and only after the Banks written approval, the Bank may agree to provide to specific Customers the right and responsibility to ensure, instead, that at the Maturity Date of each transaction, the aforementioned accountsaccounts have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.4. The Customer hereby grants the Bank the irrevocable power and authority to operate the above- above-mentioned accounts, withdraw from or deposit to them any amount required in connection with any specific transaction, as well as to proceed to the required debits and credits. 5.5. In case of the non fulfillment of a material obligation under the present General Terms or a particular Order, such as but not limited to the existence of sufficient funds at the Transaction Date or at the Maturity Date respectively as stipulated in the paragraphs above in the accounts specified in the Foreign Exchange Application Form, the Bank considers the Customer Orders withdrawn and the concluded transactions annulled. In this case the Bank is entitled to terminate any outstanding transactions covered from the present General Terms and automatically perform transactions in the opposite direction of the original one, at the currently applicable official foreign exchange rates of the Bank after adjusting for any fees or commissions. Any damage that may result for the Bank burdens the Customer. The damage is due from the Maturity Date of the transaction. 5.6. For covering any damage stipulated in the paragraph 5.5. the Customer gives his consent to the Bank acting also as a Calculation Agent to collect via direct debit from his accounts opened with the Bank the amount of the exchange rate differential generated from the reversal of the FX Transactions. In case of non sufficient funds in the accounts of the Customer, a default interest, as legally acceptable from time to time and defined by OG 13/2011,paragraph

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

PAYMENT CONDITIONS AND PERFORMANCE OF OBLIGATIONS. 5.1. For the purpose of the present General Terms the Customer has opened and has designated to the Bank one or more current accounts that will be utilized for the FX Transactions. The aforementioned is not typically a prerequisite for the performance of cash transactions. 5.2. The Customer undertakes the responsibility to ensure that when requesting a firm quotation and thus confirming the transaction execution, the aforementioned accounts, upon which charges/debits/credits will be made for the execution of the agreed transactions, have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.3. Exceptionally, for transactions with Value Date Tomorrow (FX Tomorrow) and Spot (FX Spot), and only after the Banks written approval, the Bank may agree to provide to specific Customers the right and responsibility to ensure, instead, that at the Maturity Date of each transaction, the aforementioned accountsaccounts have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.4. The Customer hereby grants the Bank the irrevocable power and authority to operate the above- mentioned accounts, withdraw from or deposit to them any amount required in connection with any specific transaction, as well as to proceed to the required debits and credits.above-mentioned 5.5. In case of the non fulfillment of a material obligation under the present General Terms or a particular Order, such as but not limited to the existence of sufficient funds at the Transaction Date or at the Maturity Date respectively as stipulated in the paragraphs above in the accounts specified in the Foreign Exchange Application Form, the Bank considers the Customer Orders withdrawn and the concluded transactions annulled. In this case the Bank is entitled to terminate any outstanding transactions covered from the present General Terms and automatically perform transactions in the opposite direction of the original one, at the currently applicable official foreign exchange rates of the Bank after adjusting for any fees or commissions. Any damage that may result for the Bank burdens the Customer. The damage is due from the Maturity Date of the transaction. 5.6. For covering any damage stipulated in the paragraph 5.5. the Customer gives his consent to the Bank acting also as a Calculation Agent to collect via direct debit from his accounts opened with the Bank the amount of the exchange rate differential generated from the reversal of the FX Transactions. In case of non sufficient funds in the accounts of the Customer, a default interest, as legally acceptable from time to time and defined by OG 13/2011,paragraph

Appears in 1 contract

Samples: Framework Agreement

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PAYMENT CONDITIONS AND PERFORMANCE OF OBLIGATIONS. will be applied to the damage amount due and until the claim including the default interest accrued is fully extinguished. 5.1. For the purpose of the present General Terms the Customer has opened and has designated to the Bank one or more current accounts that will be utilized for the FX Transactions. The aforementioned is not typically a prerequisite for the performance of cash transactions. 5.2. The Customer undertakes the responsibility to ensure that when requesting a firm quotation and thus confirming the transaction execution, the aforementioned accounts, upon which charges/debits/credits will be made for the execution of the agreed transactions, have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.3. Exceptionally, for transactions with Value Date Tomorrow (FX Tomorrow) and Spot (FX Spot), and only after the Banks written approval, the Bank may agree to provide to specific Customers the right and responsibility to ensure, instead, that at the Maturity Date of each transaction, the aforementioned accountsaccounts have adequate funds that are free from any right, contribution, assignment, counterbalance, claim or any kind of limitation. 5.4. The Customer hereby grants the Bank the irrevocable power and authority to operate the above- above-mentioned accounts, withdraw from or deposit to them any amount required in connection with any specific transaction, as well as to proceed to the required debits and credits. 5.5. In case of the non fulfillment of a material obligation under the present General Terms or a particular Order, such as but not limited to the existence of sufficient funds at the Transaction Date or at the Maturity Date respectively as stipulated in the paragraphs above in the accounts specified in the Foreign Exchange Application Form, the Bank considers the Customer Orders withdrawn and the concluded transactions annulled. In this case the Bank is entitled to terminate any outstanding transactions covered from the present General Terms and automatically perform transactions in the opposite direction of the original one, at the currently applicable official foreign exchange rates of the Bank after adjusting for any fees or commissions. Any damage that may result for the Bank burdens the Customer. The damage is due from the Maturity Date of the transaction. 5.6. For covering any damage stipulated in the paragraph 5.5. the Customer gives his consent to the Bank acting also as a Calculation Agent to collect via direct debit from his accounts opened with the Bank the amount of the exchange rate differential generated from the reversal of the FX Transactions. In case of non sufficient funds in the accounts of the Customer, a default interest, as legally acceptable from time to time and defined by OG 13/2011,paragraph

Appears in 1 contract

Samples: Framework Agreement

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