Common use of POST PUBLIC AUCTION Clause in Contracts

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 39 contracts

Samples: Master Facility Agreement, Master Facility Agreement, Deed of Assignment of Property

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POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person and print a copy of the letter of authorisation from xxxx0xxx.xxx. The authorised person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM website xxxx0xxx.xxx and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auctionauction and the balance (if any) shall be refunded to the successful E-Bidder. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 31 contracts

Samples: Sale and Purchase Agreement, Facility Agreement, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office by bank draft in favour of the Auctioneer RHB BANK BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 28 contracts

Samples: Facilities Agreement, Facilities Agreement and Deed of Assignment, Facility Agreement and Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office by bank draft in favour of the Auctioneer PUBLIC BANK BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 21 contracts

Samples: Facilities Agreement, Facilities Agreement, Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids bid for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 clause 3.5 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days same day from the date of the auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelledcanceled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3.5 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any an inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank Assignee Bank, and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 14 contracts

Samples: Facilities Agreement (Consumer Banking), Facilities Agreement, Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders Within 3 working days after the fall of the hammer the Purchaser who has successfully bids bid for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via Bank Draft or Cashier’s Order in favour of the Auctioneer HONG XXXXX BANK BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from which is available on the date Auctioneer’s Website and sign the Memorandum / Contract of auctionSale, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property Property may be put up for subsequent auction without further notice to the said E-BiddersPurchaser. The Auctioneer shall send the Memorandum/Contract of Sale (upon the same being executed) for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank... 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website Auctioneer’s Website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 9 contracts

Samples: Facilities Agreement, Facilities Agreement, Loan Agreement Cum Deed of Assignment and Power of Attorney

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3. 4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 9 contracts

Samples: Loan Agreement, Facility Agreement, Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 7 contracts

Samples: Facility Agreement and Deed of Assignment, Facility Agreement, Murabahah Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via Bank Draft in favour of the Auctioneer MALAYAN BANKING BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 7 contracts

Samples: Facility Agreement, Loan Agreement Cum Deed of Assignment, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX which is available on the NCM website within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 6 contracts

Samples: Deed of Assignment (By Way of Security), Deed of Assignment (By Way of Security), Deed of Assignment (By Way of Security)

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person at HERITAGE AUCTIONEERS SDN. BHD. website. The authorised person shall provide the Letter of Authorisation signed by the successful E- bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM HERITAGE AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 5 contracts

Samples: Facility Agreement, Facility Agreement, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 5 contracts

Samples: Facility Agreement, Facilities Agreement, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX which is available on the JTR AUCTION HOUSE website within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM JTR AUCTION HOUSE website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 4 contracts

Samples: Facilities Agreement, Power of Attorney, Deed of Assignment, Sale and Purchase Agreement, Proclamation of Sale, Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX onl ine transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed sign ed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 3 contracts

Samples: Housing/Shophouse Agreement Term Loan, Deed of Assignment and Power of Attorney, Housing/Shophouse Agreement Term Loan

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 clause 3.5 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days same day from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3.5 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person at EHSAN AUCTIONEERS SDN. BHD. website. The authorised person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 3 contracts

Samples: Loan Agreement, Composite Loan Agreement, Composite Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office by bank draft in favour of the Auctioneer RHB ISLAMIC BANK BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 3 contracts

Samples: Musharakah Agreement, Diminishing Musharakah Co Ownership Agreement, Commodity Murabahah Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX onl ine transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful success ful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 3 contracts

Samples: Facility Agreement, Facility Agreement, Deed of Assignment and Power of Attorney

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer BANK SIMPANAN NASIONAL or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 3 contracts

Samples: Facility Agreement, Property Sale Agreement, Property Sale Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 1024% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person at HERITAGE AUCTIONEERS SDN. BHD. website. The authorised person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM HERITAGE AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 2 contracts

Samples: Composite Loan Agreement and Assignment, Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-E- Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 2 contracts

Samples: Facility Agreement, Loan Agreement and Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizi ng another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders Within 3 working days after the fall of the hammer the Purchaser who has successfully bids bid for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via Bank Draft or Cashier’s Order in favour of the Auctioneer HONG XXXXX ISLAMIC BANK BERHAD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from which is available on the date Auctioneer’s Website and sign the Memorandum / Contract of auctionSale, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property Property may be put up for subsequent auction without further notice to the said E-BiddersPurchaser. The Auctioneer shall send the Memorandum/Contract of Sale (upon the same being executed) for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank... 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website Auctioneer’s Website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 2 contracts

Samples: Property Purchase Agreement, Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-E- Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer MAZUANA BINTI MAT ISA or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facilities Agreement

POST PUBLIC AUCTION. 5.1. 5.1 Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 1010 % of the purchase price and the deposit paid under Part clause 3.4 above (differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/BankAssignee bank. 5.25.2 Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person and print a copy of the letter of authorization from xxx.xxxx0xxx.xxx/xxxxxxx/xxx. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3 In the event if there is any inconsistency between the personal details and documents uploaded in the NCM website xxx.xxxx0xxx.xxx/xxxxxxx/xxx and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auctionauction and the balance (if any) shall be refunded to the successful E-Bidder. 5.3. 5.4 The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank Assignee bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK ISLAMIC BERHAD for the office account of the Auctioneer XXXXX XXXXXXX XXXXX XXXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 clause 3.5 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days same day from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3.5 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorising another person to sign the same on his behalf by inserting the particulars of the authorised person at EHSAN AUCTIONEERS SDN. BHD. website. The authorised person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-10.1 A registered Online Bidders who successfully bids for is a Successful Purchaser in the Property auction sale (“successful online bidder”) shall and undertake to sign the Memorandum/Memorandum of Contract of Sale and to pay to the Assignee/Bank the difference differential sum (if any) between 10% of the purchase price and the 10% deposit paid under Part 3.4 Clause 5.1 above (“differential sum”) at the office of the Ehsan Auctioneer or via FPX within three (Financial Process Exchange3) or XXXXXX within 3 working days from the date of auction, failing which the 10% deposit paid will shall be forfeited to the Assignee/Bank and the auction sale will shall be deemed cancelled/terminated and the property may be put up for subsequent auction sale again without further notice to the said E-Bidders. The successful online bidder. 10.2 A successful online bidder who is unable to sign the Memorandum of Contract at the office of Ehsan Auctioneer shall send the Memorandummay do so by authorizing his/Contract of Sale for stamping and thereafter forward her/their agent to execute the same together with on his/her/their behalf by furnishing the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, following documents to the Assignee/BankEhsan Auctioneer. 5.2. 10.2.1 A colour copy of the agent’s Identity Card (both sides); 10.2.2 A colour copy of successful online bidder Identity Card; and 10.2.3 A copy of the Letter of Authorization (if individual) or certified true copy of the Board of Director’s Resolution (if company) authorizing such person to do so. 10.3 In the event if there is any inconsistency between the personal details and documents uploaded in the NCM Ehsan website and the actual documents produced by the successful online bidder/authorized agent at the office of Ehsan Auctioneer, the Auctioneer shall have the right to refuse the successful bidder online bidder/authorized agent from signing the Memorandum/Memorandum of Contract of Sale and the Auctioneer may at its the Auctioneer’s discretion cancel and terminate the sale and proceed to put the property up for a new auction and the 10% deposit paid shall be used to defray forfeited by the cost of Assignee/Bank and the auctionproperty may be put up for sale again. 5.3. 10.4 The Memorandum/Contract Memorandum of SaleContract, upon being signed by the Auctioneersuccessful online bidder /authorized agent, Solicitor for the Auctioneer and Assignee/Bank and successful bidderBank’s Solicitor, shall be a conclusive evidence for the sale of the Property property to the successful online bidder. 5.410.5 An original Memorandum of Contract duly signed and stamped shall be collected by successful online bidder/authorized agent at the office of Ehsan Auctioneer within seven (7) days from the notification issued by Ehsan Auctioneer through a letter/e-mail/sms/whatsapp. The Memorandum/Failing which, an original Memorandum of Contract duly signed and stamped shall be delivered to the successful online bidder by POS LAJU to the address of Sale may be signed the successful online bidder provided in the Memorandum of Contract and/or address provided during registration and Ehsan Auctioneer shall not in any number way be responsible or liable for any cost and expenses or loss arising thereof. 10.6 The successful online bidder shall settle the balance purchase price within ninety (90) days from the date of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an originalauction sale.

Appears in 1 contract

Samples: Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK ISLAMIC BERHAD for the office a/c of the Auctioneer XXX XXXXXXXX XXX XXX XXXXX & WAN EIZZUL XXXXX XXX XXX XXXXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Master Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful success ful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed sign ed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement Term Loan

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer MBSB BANK BERHAD for PHUAH XXXX XXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 105% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart counter part may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Murabahah Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK ISLAMIC BERHAD for the office a/c of the Auctioneer XXXXXXX ZULHANIFA BIN MAT XXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement and Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXXXXXXX XXXXX XXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Composite Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer MBSB BANK BERHAD for XXXXXX XXXX XXXXX XXX. BATHUSHA, ZAIDIL EFENDY BIN A-EFENDY ZASDAR & FATEHA NOVIANTI BT A-EFENDY ZASDAR or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Property Sale Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer CHIN XXXX XXXX & TAN XXX XXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facilities Agreement

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POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the AssigneeAss ignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX which is available on the JTR AUCTION HOUSE website within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated termina xxx and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM JTR AUCTION HOUSE website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder bid der from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterpartscounterpar ts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office account of the Auctioneer RAMLI BIN RAHI or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Composite Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK ISLAMIC BERHAD for the office account of the Auctioneer XXXXXXX XXXXXXXXXX BIN ABD XXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Master Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXX XXX XXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXXX XXXX A/L MANKUDDAN or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK ISLAMIC BERHAD for the office a/c of the Auctioneer XXXXXX BINTI XXXXX XXXXXXXX & XXXXXX XXXXX XXX XXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement and Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXX XXXXX XXXX & XXXX XXXX XXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Composite Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transf er within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part clause 3.4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed sign ed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXX XXXXXX BIN XXXX XXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Composite Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract Memorandum of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part clause 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX online transfer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Assignee Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract Memorandum of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3. 4 above and the differential sum paid under this part, if clause If any, ) to the Assignee/Assignee Bank. 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorization signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event if there is any inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful success ful bidder from signing the Memorandum/Contract Memorandum of Sale and may at its his discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Assignee Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract Memorandum of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Housing / Shophouse Agreement Term Loan

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer HEW CHEONG LOONG or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXX ENG HUA or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement and Deed of Assignment

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer ACE STRIKE (M) SDN BHD or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer MBSB BANK BERHAD for RIDHUAN BIN SHAARI & XXXXXXXXX XXXXX XXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-E- Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Property Sale Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer MBSB BANK BERHAD for XXXXXXXXXX XXX XXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXX XXXX XXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids bid for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 clause 3.5 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX within 3 working days same day from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank Co- operative and the sale will be deemed cancelledcanceled/terminated and the property Property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 clause 3.5 above and the differential sum paid under this part, if clause (If any, ) to the Assignee/BankCo-operative . 5.2. Any successful E-Bidders who is unable to attend to sign the Memorandum/Contract of Sale at the office of the Auctioneer may do so by authorizing another person to sign the same on his behalf by inserting the particulars of the authorized person at EHSAN AUCTIONEERS SDN. BHD. website. The authorized person shall provide the Letter of Authorisation signed by the successful E-bidder together with a copy of his/her identity card to the Auctioneer. 5.3. In the event that there is any an inconsistency between the personal details and documents uploaded in the NCM EHSAN AUCTIONEERS SDN. BHD. website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its his discretion cancel the sale and proceed to put the property Property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.35.4. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank Co-operative , and successful bidder, shall be a piece of conclusive evidence for the sale of the Property to the successful bidder. 5.45.5. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Master Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the t he difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office of the Auctioneer or via FPX (Financial Process Exchange) or XXXXXX which is available on the JTR AUCTION HOUSE website within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-BiddersE -Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the t he differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM JTR AUCTION HOUSE website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder bi dder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for fo r the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterpartscounterp arts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Conditions of Sale

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via BANK DRAFT in favour of the Auctioneer MBSB BANK BERHAD for XXXXXX XXXXX XXXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Loan Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer TOH HONG TIANG or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXXXXX BIN XXXXX & XXXXXX ANAK XXXXXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at via Bank Draft in favour of AMBANK (M) BERHAD for the office a/c of the Auctioneer XXXX XXX XXXX & XXXXXX XXX or via FPX (Financial Process Exchange) or XXXXXX within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facilities Agreement

POST PUBLIC AUCTION. 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum/Contract of Sale and pay to the Assignee/Bank the difference between 10% of the purchase price and the deposit paid under Part 3.4 above (“differential sum”) at the office via Bank Draft or Cashier’s Order in favour of the Auctioneer MALAYAN BANKING BERHAD or via FPX (Financial Process Exchange) or XXXXXX which is available on the NCM website within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee/Bank and the sale will be deemed cancelled/terminated and the property may be put up for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum/Contract of Sale for stamping and thereafter forward the same together with the deposit paid under Part 3.4 above and the differential sum paid under this part, if any, to the Assignee/Bank. 5.2. In the event there is any inconsistency between the personal details and documents uploaded in the NCM website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum/Contract of Sale and may at its discretion cancel the sale and proceed to put the property up for a new auction and the deposit paid shall be used to defray the cost of the auction. 5.3. The Memorandum/Contract of Sale, upon being signed by the Auctioneer, Solicitor for the Assignee/Bank and successful bidder, shall be a conclusive evidence for the sale of the Property to the successful bidder. 5.4. The Memorandum/Contract of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum/Contract of Sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be as valid and effectual as if executed as an original.

Appears in 1 contract

Samples: Facility Agreement

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