Prior To The Auction Sale a. The Assignee reserves the absolute right at any time to vary, alter, amend or add to the particulars and/or these Conditions of Sale.
Prior To The Auction Sale. Prior to the auction sale:-
Prior To The Auction Sale Sample Clauses
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BEFORE AUCTION 4.1 All intended bidder can access to the ESZAM AUCTIONEER SDN BHD website to download the Proclamation of Sale (POS) & Conditions of Sale (COS). By proceeding with E-bidding with ESZAM AUCTIONEER SDN BHD, the E-bidders’ have agreed and accepted the ESZAM AUCTIONEER SDN BHD terms and conditions. Any bid by registered E-bidder shall not be withdrawn once entered.
ON THE AUCTION DAY 5.1 E-bidders MUST use browser either Google Chrome, Mozilla Fire Fox, Safari, Internet Explore or Microsoft Edge. E-bidders are responsible for ensuring that internet access and connectivity is running smoothly throughout the whole bidding process. The Bank and Auctioneer will not be held responsible or liable for any interruptions, delays, failures, errors, omissions or loss of information etc.
AFTER AUCTION 6.1 Any successful E-bidders shall and undertake to sign the contract of sale and pay the additional 10% for the difference of the purchase price within two (2) working days to ESZAM AUCTIONEER SDN BHD bank account or prepare a bank draft. In the event that the successful E-bidder fail to pay additional deposit, the Bank will forfeit the deposit 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.
WORKING DAY BEFORE THE AUCTION DATE and pay the difference between the initial deposit and the sum equivalent to 10% of the successful bid price (“differential sum”) either via bank draft or cashier’s order crossed “A/C PAYEE ONLY” made payable to HONG XXXXX BANK BERHAD/XXXXXXXX XXX XXXXX or remit the same through online banking transfer within THREE (3) WORKING DAYS after the fall of the hammer. The initial deposit and the differential sum shall be collectively known as “the deposit” and Working Day means a day (excluding Saturdays, Sundays and Public Holidays) on which the Assignee is open for business in Kuala Lumpur. The balance of the purchase price is to be settled within ninety (90) days from the date of auction sale to HONG XXXXX BANK BERHAD. Please refer to the Auctioneer’s Online Terms and Conditions on the Auctioneer’s Website on the manner of payment of the deposit. For further particulars, please contact Messrs Xxxxxx Xxxxx Xxxxxxx, Xxxxxxxx Xxxxx & Partners, Solicitor for the Assignee herein whose address is at Xx. 00-0 & 00-0, 0xx & 0xx Xxxxx, XX 00/0X, Xxxxxx Xxxx, 00000 Xxxxxxxx Xxxx, Xxxxxxxx Darul Ehsan. (Reference : MS/DIR/SL21223-2022/HLBB-HL/S, Telephone No : 00-00000000, Fax No : 00-00000000). Intending bidders may also visit the Auctioneer’s Website at xx.xxxxxxxxxxxxxxx.xxx, for more information. MESSRS ESZAM AUCTIONEER SDN BHD (Co. No. 760902-H) XXXX XXXXX BIN XXXX XXXXXX (PJK) Xx. 00, 0xx Xxxxx, Xxxxx Xxxx’ Xxx Xxxx Xxx, Licensed Auctioneer 70000 Seremban, Negeri Sembilan Darul Khusus. TELEPHONE NO : 00-0000000 / FAX NO : 00-0000000 HANDPHONE NO : 000-0000000/000-0000000 (WhatsApp) E-MAIL : xxxxxxxxxxxxxxx@xxxxx.xxx WEBSITE : xxx.xxxxxxxxxxxxxxx.xxx OUR REFERENCE : EZ/LACA/HLBB/321/2022/MNS/fatin
POST PUBLIC AUCTION 5.1. Any E-Bidders who successfully bids for the Property shall and undertake to sign the Memorandum of Sale and pay the difference between 10% of the purchase price and the deposit paid under clause 3.5 above (“differential sum”) at the office of the Auctioneer within same day from the date of auction, failing which the deposit paid will be forfeited to the Assignee Bank and 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 of Sale for stamping and thereafter forward the same together with the deposit paid under clause 3.5 above and the differential sum paid under this clause (If any) to the Assignee Bank.
CONDUCT OF THE AUCTION Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. The seller and selling agents reserve the right to preclude any person from bidding if there is any question as to the person’s identity, credentials, fitness to bid, financial ability to buy, etc. All decisions of the Auctioneer are final. --- AGENCY DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. will represent the Seller exclusively unless a Ness Bros. Agent has a signed buyer agency agreement with Buyer, then that agent has a limited agency with Buyer. --- DISCLAIMER & ABSENCE OF WARRANTIES: All information contained online or in the brochure and related material is subject to the terms and conditions outlined in the Purchase Agreement. The Property is being sold on an "AS IS, WHERE IS" basis. No warranty or representation, either expressed or implied, concerning the Property, its condition, or the condition of any other components on the Property, is made by the Seller or Ness Bros. All sketches and dimensions online or in the brochure are approximate. The information contained online or in the Brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. --- TERMS: Xxxxxxx Money of 10% down or $2,500.00, whichever is greater the day of Auction, balance is due in full upon delivery of the merchantable title and deed free and clear of all liens and encumbrances except as stated herein and subject to easements or restrictions of record. A Buyer’s Premium of 5%, or minimum of $2,500, whichever is greater will be added to final bid and included in the total contract price. All bids accepted on the Real Estate subject to Sellers approval.
Notice to the Authority No later than [45 (forty five)] days prior to commencement of the Construction Period or the Operation Period, as the case may be, the Concessionaire shall by notice furnish to the Authority, in reasonable detail, information in respect of the insurances that it proposes to effect and maintain in accordance with this Article 27. Within [30 (thirty)] days of receipt of such notice, the Authority may require the Concessionaire to effect and maintain such other insurances as may be necessary pursuant hereto, and in the event of any difference or disagreement relating to any such insurance, the Dispute Resolution Procedure in Article 39 shall apply.
Sale and Purchase On the basis of the representations and warranties and the other terms and conditions herein set forth, the Selling Stockholders severally agree to sell to the respective Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase from each Selling Stockholder the respective number of Firm Shares (subject to such adjustment as you may determine to avoid fractional shares) which bears the same proportion to the total number of Firm Shares to be sold by the Selling Stockholders as the number of Firm Shares set forth opposite the name of such Underwriter on Schedule A bears to the number of Firm Shares to be sold by the Selling Stockholders , at a purchase price of $_____________ per Share. You may release the Firm Shares for public sale promptly after this Agreement becomes effective. You may, from time to time, increase or decrease the public offering price after the initial public offering to such extent as you may determine. In addition, on the basis of the representations and warranties and the other terms and conditions herein set forth, each of the Selling Stockholders, severally and not jointly, grants to the several Underwriters an option to purchase, and the Underwriters shall have the right to purchase, severally and not jointly, from the Selling Stockholders all or a portion of the Additional Shares set forth opposite the name of such Selling Stockholder on Schedule B as may be necessary to cover over allotments made in connection with the offering of the Shares, at the same purchase price per share to be paid by the several Underwriters to the Selling Stockholders for the Firm Shares. This option may be exercised at any time (but not more than once) on or before the thirtieth day following the date hereof, by written notice to the Company and the Representatives of the Selling Stockholders referred to in the immediately succeeding paragraph. Such notice shall set forth the aggregate number of Additional Shares as to which the option is being exercised and the date and time when the Additional Shares are to be delivered (such date and time being herein referred to as the "additional time of purchase"); provided, however, that the additional time of purchase shall not be earlier than the time of purchase (as defined below) nor earlier than the 4 3 second business day(1) after the date on which the option shall have been exercised nor later than the eighth business day after the date on which the option shall have been exercised. The number of Additional Shares to be purchased by each Underwriter shall be the number that bears the same proportion to the aggregate number of Additional Shares being purchased as the number of Firm Shares set forth opposite the name of such Underwriter on Schedule A bears to the total number of Firm Shares (subject, in each case, to such adjustment as you may determine to eliminate fractional shares). The number of Additional Shares to be sold by each Selling Stockholder shall be the number which bears the same proportion to the aggregate number of Additional Shares being purchased as the number of Additional Shares set forth opposite the name of such Selling Stockholder on Schedule B bears to the total number of Additional Shares available for sale under the over-allotment option (subject, in each case, to such adjustment as you may determine to eliminate fractional shares). Pursuant to powers of attorney, which shall be satisfactory to counsel for the Underwriters, granted by each Selling Stockholder (the "POWERS OF ATTORNEY"), ________________ and ________________ will act as representatives of the Selling Stockholders. The foregoing representatives (the "REPRESENTATIVES OF THE SELLING STOCKHOLDERS") are authorized, on behalf of each Selling Stockholder, to execute any documents necessary or desirable in connection with the sale of the Shares to be sold hereunder by each Selling Stockholder, to make delivery of the certificates of such Shares, to receive the proceeds of the sale of such Shares, to give receipts for such proceeds, to pay therefrom the expenses to be borne by each Selling Stockholder in connection with the sale and public offering of the Shares, to distribute the balance of such proceeds to each Selling Stockholder in proportion to the number of Shares sold by each Selling Stockholder, to receive notices on behalf of each Selling Stockholder and to take such other action as may be necessary or desirable in connection with the transactions contemplated by this Agreement.
ONLINE PUBLIC AUCTION PROCESS 2.1. E-Bidders may browse through the PAH Website and select the properties they wish to bid online.
