Right of Disposal. 16.1 FSL may without notice to the Customer, in such manner as FSL sees fit, sell or realise any or all Securities or other property held in the Account, cancel any open orders for the purchase or sale of Securities or other property or realise any collateral deposited with FSL at any time if upon the occurrence of any of the following:
(a) failure by the Customer to deliver scrip or to pay for Securities purchased;
(b) failure by the Customer to pay FSL any amounts due or owing, on demand or to comply with any other of the Customer's obligations under this Agreement;
(c) failure to pay any Debts under Clause 30 within two Business Days of demand;
(d) breach by the Customer of any by-law, rule or regulation of the Exchange or any other stock exchange on which FSL conducts dealings on the Customer's behalf at that time;
(e) bankruptcy or winding-up petition is presented against the Customer or a receiver appointed over the Customer's property or business or the Customer makes any arrangement or composition with the Customer's creditors generally; or
(f) any consent, authorisation or board resolution required of the Customer to enter into this Agreement being wholly or partly revoked, suspended, terminated or ceasing to remain in full force and effect.
16.2 Unless otherwise agreed, when FSL has executed a purchase or sale Transaction on the Customer's behalf, the Customer agrees that the Customer will by the due settlement date pay FSL against delivery of or credit to the Account for purchased Securities, or make good delivery of sold Securities to FSL against payment, as the case may be. Unless otherwise agreed, should the Customer fail to make such payment or delivery of Securities by the due date as mentioned above, FSL may in its absolute discretion and for the purpose of satisfying the Customer's obligations to FSL: -
(a) in the case of a purchase Transaction, transfer or sell such purchased Securities; and
(b) in the case of a sale Transaction, borrow and/or purchase Securities in order to settle the Transaction.
16.3 The Customer acknowledges and agrees that the Customer will be responsible to FSL for any losses, costs, fees and expenses resulting from the Customer's settlement failure.
16.4 If FSL exercises the above rights in this Clause 16, any sales proceeds may be applied:
(a) first, in payment of all FSL's costs and expenses in connection therewith;
(b) second, in settlement of any liabilities the Customer may have to FSL; and
(c) third, the bal...
Right of Disposal. 3.1 The Account Holder hereby grants eSett an unconditional and exclusive right of disposal over the balance on the Pledged Cash Account, to be utilised in accordance with the Imbalance Settlement Agreement (with its Appendices).
3.2 The Account Holder irrevocably instructs and authorises, without any further permission from the Account Holder, the Settlement Bank to comply with the terms of any written notice or instruction relating to the Pledged Cash Account issued by eSett.
3.3 The Settlement Bank may not oppose such notice or instruction or conduct any investigations regarding the validity of such notices or instructions save for a customary check that the instructions are given by an authorised party and, if applicable, any other checks required by applicable mandatory law, including but not limited to know-your-customer checks.
3.4 The right of disposal under Section 3.1 may not be revoked or amended by the Account Holder and shall remain in effect until eSett has confirmed in writing that the account is no longer required for the Nordic Imbalance Settlement and the right of disposal can be revoked.
3.5 The Account Holder may not pledge the Pledged Cash Account to third parties even with priority after eSett.
Right of Disposal. If the Customer fails to remove the Products due to any reason whatsoever upon the expiry or termination of the Agreement in accordance with Clause 17.3, the Operator shall be entitled, by notice to the Customer, to remove the Products from the Storage Facilities to any place whether in or outside the Terminal and dispose of or destroy the Products in such manner as the Operator deems fit and at the risk and expense of the Customer and by rendering any surplus to the Customer to an account as notified by the Customer.
Right of Disposal. 2.1 The Account Holder hereby grants eSett an unconditional right of disposal over the balance on the Cash Account, to be utilized in accordance with the Imbalance Settlement Agreement (with its Appendices). The Account Holder irrevocably instructs and authorises, without any further permission from the Account Holder, the Settlement Bank to comply with the terms of any written notice or instruction relating to the Cash Account issued by eSett.
2.2 The Settlement Bank may not oppose such notice or instruction or conduct any investigations regarding the validity of such notices or instructions save for a customary check that the instructions are given by an authorised party and, if applicable, any other checks required by applicable mandatory law, including but not limited to know-your-customer checks.
2.3 The right of disposal under Section 2.1 may not be revoked or amended by the Account Holder and shall remain in effect until eSett has confirmed in writing that the account is no longer required for the Nordic Imbalance Settlement and the right of disposal can be revoked.
2.4 For avoidance of doubt it is stated that the Account Holder has a parallel right of disposal over the balance on the Cash Account.
2.5 In utilizing the funds on the Cash Account, the Account Holder shall follow the obligations set out in the Imbalance Settlement Agreement. The Bank is not required to monitor that said obligations are followed or obligated to indemnify eSett if the Account Holder utilizes the funds from the Cash Account against the Imbalance Settlement Agreement or other agreement made between the Account Holder and eSett.
2.6 The Account Holder may not grant a third party a right of disposal, nor pledge the Cash Account or the funds on it to third parties.
Right of Disposal. 36.1 Without prejudice to Article 35:
(a) if the Principal fails to remove the Goods due to any reason whatsoever upon the expiry or earlier termination of the Agreement; or *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(b) if the Principal fails to pay to the Operator any sum due to the Operator under the Agreement due to any reason whatsoever, the Operator shall, be entitled, with notice to the Principal, to remove and transfer the Goods from the Facilities to any place whether in or outside the Terminal and dispose of or destroy the Goods in such manner as the Operator deems fit and at the risk and expense of the Principal.
36.2 If the Operator shall decide to dispose of the Goods by sale by private treaty or public auction:
(a) the Operator shall be entitled to open or break open without being liable for any damage caused thereby, any container or any other package containing the Goods; and
(b) any proceeds of sale shall be applied by the Operator in the following manner:
(i) firstly, in payment of all sums due from the Principal to the Operator under the Agreement made between the Operator and the Principal;
(ii) secondly, in payment of the expenses of the removal and disposal and any storage of the Goods in the period between such removal and disposal;
(iii) thirdly, in payment of any sums due from the Principal to the competent authorities; and
(iv) fourthly, in payment of other claims or liens of which notice has been given by third parties to the Operator and by rendering any surplus to the Principal.
36.3 If the proceeds of any sale of the Goods by the Operator pursuant to Article 36.1 shall be insufficient to satisfy in full any claim of the Operator under the Agreement made between the Operator and the Principal, the Operator shall be entitled to recover the same from the Principal in any court of competent jurisdiction.
36.4 Any sale of the Goods by the Operator pursuant to Article 36.1 shall be free from any encumbrances.
36.5 The Operator shall not be liable for any Claim arising from the removal, disposal, destruction and intermediate storage of the Goods and the Principal shall indemnify the Operator against such Claims. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested ...
Right of Disposal. The Account Holder hereby grants eSett an unconditional right of disposal over the balance on the Cash Account, to be utilized in accordance with the Imbalance Settlement Agreement / the Balancing Service Settlement Agreement (with its Appendices). The Account Holder irrevocably instructs and authorises, without any further permission from the Account Holder, the Settlement Bank to comply with the terms of any written notice or instruction relating to the Cash Account issued by eSett. The Settlement Bank may not oppose such notice or instruction or conduct any investigations regarding the validity of such notices or instructions save for a customary check that the instructions are given by an authorised party and, if applicable, any other checks required by applicable mandatory law, including but not limited to know-your-customer checks. The right of disposal under Section 2.1 may not be revoked or amended by the Account Holder and shall remain in effect until eSett has confirmed in writing that the account is no longer required for the Nordic Imbalance Settlement and the right of disposal can be revoked. For avoidance of doubt it is stated that the Account Holder has a parallel right of disposal over the balance on the Cash Account. In utilizing the funds on the Cash Account, the Account Holder shall follow the obligations set out in the Imbalance Settlement Agreement / the Balancing Service Settlement Agreement. The Bank is not required to monitor that said obligations are followed or obligated to indemnify eSett if the Account Holder utilizes the funds from the Cash Account against the Imbalance Settlement Agreement / the Balancing Service Settlement Agreement or other agreement made between the Account Holder and eSett. The Account Holder may not grant a third party a right of disposal, nor pledge the Cash Account or the funds on it to third parties. ☐ Pledge in favour of eSett Hereby the Account Holder chooses to post Cash Collateral as security for the Account Holder’s obligations towards eSett under the Imbalance Settlement Agreement / the Balancing Service Agreement by pledging a Cash Collateral Account in favour of eSett. The Account Holder hereby irrevocably and unconditionally, on the terms and conditions set out herein, grants a security interest in and pledges to eSett, all rights and interests in and to the Cash Collateral Account including both present and future credit balances and any interest accrued but not yet capitalised. The pledge sh...
Right of Disposal. 3.1 The Account Holder hereby grants Nord Pool unconditional right of disposal over the balance in the Pledged Settlement Account, to be utilised in accordance with the Rulebook. The Account holder is deprived of its right to use the funds standing to the credit of the Pledged Settlement Account and make any withdrawals therefrom, except as described in clause 3.4 below.
3.2 The Settlement Bank may not oppose such instruction or conduct any investigations regarding the validity of such instructions.
3.3 The right of disposal under Section 3.1 may not be revoked by the Account Holder as long as any Secured Liabilities are outstanding. In other cases, the Account Holder may, with 14 days’ written notice to Nord Pool, request that the right of disposal be revoked. However, the right of disposal shall remain in effect until Nord Pool has confirmed in writing to the Settlement Bank that the right of disposal is revoked.
3.4 The Account Holder may dispose of any excess balance in the Pledged Settlement Account only after meeting all Collateral Calls from Nord Pool and all Settlement amounts owed to Nord Pool from time to time.
3.5 The Settlement Bank and the Account Holder may agree upon further restrictions for the Account Xxxxxx's disposal of excess balance.
3.6 By signing this Agreement the Settlement Bank acknowledges that it has received a notice of the pledge of the Pledged Settlement Account in favour of Nord Pool and confirms that save as explicitly stated in this Agreement, no person may make money withdrawals or transfers from the Pledged Settlement Account nor any other disposals in relation to the Pledged Settlement Account unless notified otherwise by Nord Pool in writing.
Right of Disposal. The right of disposal with regard to vested benefits account assets will be governed, in principle, by the Liech- tenstein law on occupational retirement provision and the associated implementing ordinances. Once the account holder reaches the envisaged age at which the right of disposal is acquired or upon the account holder’s death, the balance on the vested benefits account will fall due. The account holder or any other person wishing to dispose of the account funds must provide proof of his right of disposal. The Bank reserves the right to have disburse- ment of the account funds approved by the Liechtenstein Financial Market Authority (FMA), which is responsible for supervising pension funds. As long as no right of disposal applies, the account assets cannot validly be pledged or assigned.
Right of Disposal. This Agreement does not grant any rights to dispose of Waste other than in accordance herewith. Service Provider reserves the right to immediately terminate access to the Facility by Agent and Agent’s personnel in the event of breach or violation by Agent of any of the terms of this Agreement, Service Provider’s operating rules or payment policies or any applicable laws or regulations.
Right of Disposal. A Számlatulajdonos illetve az általa felruházott más természetes személy(ek) (rendelkezésre jogosult személy) a fizetési számla feletti rendelkezésre a jelen szerződés mellékletét képező aláírás bejelentő kartonon rögzített módon jogosult. The Account Holder or any other authorised natural person(s) (authorised person) is entitled to dispose of the payment account as registered in the signature card, which serves as an annex to this agreement.
