Pledgors right of recourse Sample Clauses

Pledgors right of recourse. If the proceeds of the sold pledge are used for payment of the debt or the pledgor has amortised the principal debt with the bank’s express consent in order to reduce his/her liability, the debtor’s assets which stand as security for the principal debt at that particular time also stand as pledge for the pledgor’s claim under a right of recourse, in which case the bank has no right to surrender the pledge to the debtor without the pledgor’s permission. If the debtor’s assets also serve as collateral for the bank’s other claim, the bank has a better right than the pledgor to the assets lodged by the debtor as a pledge. In the case of a deficiency pledge, the bank has a better right to a primary pledge only if the principal debt has been paid only in part or if the primary pledge has also been lodged as security, prior to entering into a deficiency pledge agreement, for the bank’s other claim, or if the issuer of the deficiency pledge has given his/her permission to the bank having a better right to the pledge in respect of a new loan too. If the pledgor has amortised the principal debt, he/she must, in order to safeguard his/her right to the pledge lodged by the debtor in security for the principal debt, inform the bank thereof in writing and present a necessary statement concerning such payment.
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Related to Pledgors right of recourse

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