Payment into Court. If there is a dispute or uncertainty about who is entitled to the proceeds of the account or to instruct on the account due to your alleged or actual incapacity or any marriage/common-law partnership breakdown, or who is legally entitled to apply for and accept payment on your death, we are entitled to either apply to the court for directions or pay any or all of the account proceeds into court and be fully discharged. In either case, we can recover any legal and other costs we incur in this regard from the account.
Payment into Court. If there is a dispute about:
(a) a payout from the Account or equalization of Property or other dispute arising from a breakdown of the Holder’s marriage or common law partnership;
(b) the validity or enforceability of any legal demand or claim against the Property; or
(c) the authority of a person or personal representative to apply for and accept receipt of the Proceeds on death of the Holder; the Trustee and the Agent are entitled to either apply to the court for directions or pay the Proceeds into court and, in either case, fully recover any legal costs it incurs in this regard as Expenses from the Account.
Payment into Court. Where there is a question as to who is entitled to receive payment under sections 8.1.5, 8.1.6 or 8.1.7, the Investor or the Receiver may pay the Proceeds referred to therein into court.
Payment into Court. If there is a dispute about, or we are uncertain who has legal authority over the property of the youth or the status or capacity of the youth trustee or a successor trustee, we are entitled to either apply to the courts for directions or pay all or part of the proceeds of the account into court or to the applicable government official. We may recover any legal or other costs we incur in this regard from the account or from the youth trustee as an expense referred to in the indemnity provision below.
Payment into Court. If there is a dispute about:
(a) a payout from the Account or equalization of Property or other dispute arising from a breakdown of the Holder’s marriage or common law partnership;
(b) the validity or enforceability of any legal demand or claim against the Property; or
(c) the authority of a person or personal representative to apply for and accept receipt of the Proceeds on death of the Holder, the Trustee and the Agent are entitled to either apply to the court for directions or pay the Proceeds into court, which payment shall be in Canadian dollars, and, in either case, fully recover any legal costs it incurs in this regard as Expenses from the Account.
Payment into Court. Where there is a question as to who is entitled to receive payment under clauses 9.1(d), 9.1(e) or 9.1(f), the Secured Party may pay the Proceeds referred to therein into court.
Payment into Court. If there is a dispute about:
(a) a payout from the Fund or equalization of Property or other dispute arising from a breakdown of the Annuitant’s marriage or common law partnership;
(b) the validity or enforceability of any legal demand or claim against the Property; or
(c) the authority of a person or personal representative to apply for and accept receipt of the Fund Proceeds on death of the Annuitant; the Trustee and the Agent are entitled to either apply to the court for directions or pay the Fund Proceeds into court and, in either case, fully recover any legal costs they incur in this regard as Expenses from the Fund.
Payment into Court. Any party may at any time avail himself of the procedure for payment into court pursuant to the provisions of Order 73 of the Rules of the Supreme Court of Hong Kong. No account shall be taken by the Arbitrator of any written or oral offer of settlement where a payment into court could have been made.
Payment into Court. Where there is a question as to who is entitled to receive payment of any portion of the Proceeds, the Lender may pay the Proceeds referred to therein into court.
Payment into Court. If there is a dispute about, or it is uncertain to us who has legal authority over the property of the youth, we are entitled to either apply to the courts for directions or pay all or part of the proceeds of the account into court or to the applicable government official. We may recover any legal or other costs it incurs in this regard from the account or from any accountholder as an expense referred to in the indemnity provision below. ● Indemnity. The joint accountholder who is not a youth agrees to reimburse us for any losses, costs, and expenses which we may incur (including our legal fees), and will hold us harmless from and defend us against any lawsuits or other claims and demands which may be made against us in connection with the account, including, but not limited to, third party demands against funds in the account, any claims based on trust by any person or any claims based on any person acting as legal or de facto guardian or administrator of property of another or the operation of the account by an accountholder. This indemnity survives the termination of the account.
