Rights of Bank. 13.1 The Bank has the right at its absolute discretion to do the following at any time whatsoever whether or not the Card herein has been utilised:
(a) Review the Card facility at any time and from time to time irrespective of whether or not an event of default has occurred and any review, if conducted, shall be in the manner determined solely by the Bank. Any delay or omission to conduct a review shall not be construed as a waiver of the Bank’s right to review nor prejudice the Bank’s right to recover all monies owing.
(b) At any one time hereafter to withdraw or not make available the Card facility or any part thereof upon the happening of any event which in the Bank’s opinion would affect in any way the Cardmember’s financial position and/or hinder the carrying on of the Cardmember’s business affairs in accordance with sound financial, industrial or commercial standards and practices and/or would jeopardise the Bank’s position and/or which is a default in respect of any of the requirements of the Bank whatsoever at any time and from time to time and the decision of the Bank shall be final and conclusive. The Bank has the absolute discretion to decide on the implementation of this condition (whenever deemed applicable).
(c) The Bank has the absolute right and discretion not to release or make available the Card facility or any part thereof or to withdraw and/or terminate the Card facility therein granted to the Cardmember immediately upon the Bank becoming aware that the Cardmember is has been investigated or is alleged to be involved and/or had committed any illegal activities or criminal offences of any nature whatsoever or will be or have been allegedly subjected to any criminal prosecution and/or conviction and/or any security in respect of the facility held by the Bank is subjected to or at risk of freezing, seizure and forfeiture by the Federal Government and/or other relevant authorities or regulatory bodies. In all events, the Bank’s decision shall be final and conclusive.
Rights of Bank. Guarantor authorizes Bank, without notice or demand and without affecting its liability hereunder, from time to time to:
(a) renew, compromise, extend, accelerate, or otherwise change the time for payment, or otherwise change the terms, of the Indebtedness or any part thereof, including increase or decrease of the rate of interest thereon, or otherwise change the terms of any Bank Agreements;
(b) receive and hold security for the payment of this Guaranty or any Indebtedness and exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any such security;
(c) apply such security and direct the order or manner of sale thereof as Bank in its discretion may determine;
(d) release or substitute any Guarantor or any one or more of any endorsers or other guarantors of any of the Indebtedness; and
(e) permit the Indebtedness to exceed Guarantor's liability under this Guaranty, and Guarantor agrees that any amounts received by Bank from any source other than Guarantor shall be deemed to be applied first to any portion of the Indebtedness not guaranteed by Guarantor.
Rights of Bank. Except as set forth in Section 9.1, the Bank is the owner of all information relating to the Cardholders (including names and addresses) and the Credit Cards, the copyright to all written material contained in any credit card agreements, applications, billing statements and other forms used by the Bank in the administration of its agreements with the Cardholders, all credit scoring systems and all policies of credit insurance issued to the Bank with respect to any Cardholder; PROVIDED that the Bank shall not be entitled to sell, rent or otherwise disclose any information relating to the Cardholders to any third party other than (i) Affiliates of the Company, (ii) Persons who, in the sole judgment of The Limited, do not compete, directly or indirectly, with any retail or catalogue business conducted by The Limited or any of its Affiliates and (iii) in the case of disclosure, credit agencies. Subject to Section 9.3, the Company will not have any rights in any information or property of the Bank; PROVIDED that the Bank will provide the Company with such information the Bank owns with respect to Cardholders as the Company may reasonably request in order to develop potential marketing or credit strategies.
Rights of Bank. Guarantor authorizes Bank to perform any or all of -------------- the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guaranty:
(a) Bank may alter any terms of the Loan or any part of it, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Loan or any part of it.
(b) Bank may take and hold security for the Loan or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security.
(c) Bank may direct the order and manner of any sale of all or any part of any security now or later to be held for the Loan or this Guaranty, and Bank may also bid at any such sale.
(d) Bank may apply any payments or recoveries from Borrower, Guarantor or any other source, and any proceeds of any security, to Borrower's obligations under the Loan Documents in such manner, order and priority as Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application.
(e) Bank may release Borrower of its liability for the Loan or any part of it.
(f) Bank may substitute, add or release any one or more guarantors or endorsers.
(g) In addition to the Loan, Bank may extend other credit to Borrower, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.
Rights of Bank. In addition to any rights the Bank may have hereunder, under the Loan Documents, or under any other instrument, document or agreement which may now or hereafter evidence, govern, or secure this Note, the Bank shall have all the rights of a creditor under the laws of the State of Connecticut and the case law interpreting the same. Nothing contained herein shall be construed as limiting or restricting any rights the Bank may have, whether statutory or otherwise, including, without limitation, all rights of set-off as may exist under law.
Rights of Bank. Bank shall not be liable for failure to collect or realize upon the Obligations or any collateral security (including, but not limited to the Pledged Bonds) or guaranty therefor, or any part thereof, or for any delay in so doing, nor shall Bank be under any obligation to take any action whatsoever with regard thereto. If an Event of Default has occurred and is continuing, Bank may thereafter, without notice (except the notice specified in Section 7 below of time and place of public or private sale), exercise all rights, privileges or options pertaining to any Pledged Bonds as if it were the absolute owner thereof, upon such terms and conditions as it may determine, all without liability except to account for property actually received by it, but Bank shall have no duty to exercise any of the aforesaid rights, privileges or options and shall not be responsible for any failure to do so or delay in so doing.
Rights of Bank. Guarantor acknowledges, consents and agrees that the Bank may, subject to the terms of the relevant loan documents with the Borrower, without notice or demand to Guarantor and without affecting the Guarantor’s liability hereunder, from time to time to:
(a) renew, compromise, extend, accelerate, or otherwise change the time for payment, or otherwise change the terms, of the Indebtedness or any part thereof, including increase or decrease of the rate of interest thereon, or otherwise change the terms of any Bank Agreements;
(b) receive and hold security for the payment of this Guaranty or any Indebtedness and exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any such security;
(c) apply such security and direct the order or manner of sale thereof as Bank in its discretion may determine;
(d) release or substitute any Guarantor or any one or more of any endorsers or other guarantors of any of the Indebtedness; and
(e) permit the Indebtedness to exceed Xxxxxxxxx's liability under this Guaranty, and Guarantor agrees that any amounts received by Bank from any source other than Guarantor shall be deemed to be applied first to any portion of the Indebtedness not guaranteed by Guarantor.
Rights of Bank. Guarantor authorizes Bank (whether or not after revocation or termination of this Guaranty), without notice or demand and without affecting its liability hereunder, from time to time to:
(a) renew, compromise, extend, accelerate, or otherwise change or extend (for a period less than, equal to or longer than the original period) the time for payment, or otherwise change the manner, place or terms of payment or of the Indebtedness or any part thereof, including increase or decrease of the rate of interest, or otherwise change the terms of any Bank Agreements;
(b) receive and hold security for the payment of this Guaranty or any Indebtedness and exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any such security by whomsoever at any time pledged or mortgaged to secure, or howsoever securing, the Indebtedness or any liabilities (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and/or any offset thereagainst;
(c) apply such security and direct the order or manner of sale thereof as Bank in its discretion may determine;
(d) exercise or refrain from exercising any rights against any Foreign Subsidiaries or Guarantor, or otherwise act or refrain from acting;
(e) apply any sums by whomsoever paid or howsoever realized to any liability or liabilities (regardless of the origin thereof) to Bank, regardless of the nature of the liability 26435062v4 or liabilities which remain unpaid and regardless of any of the Foreign Subsidiaries’ or Guarantor’s application or use of the consideration, if any, received in connection with such liability or liabilities;
(f) release or substitute any Guarantor or any one or more of any endorsers or other guarantors of any of the Indebtedness; and
(g) permit the Indebtedness to exceed Guarantor’s liability under this Guaranty, and Guarantor agrees that any amounts received by Bank from any source other than Guarantor shall be deemed to be applied first to any portion of the Indebtedness not guaranteed by Guarantor.
Rights of Bank. 5.1. The Bank may reject execution of an NCT. In this case, the Bank is not obliged to explain the rejection reason to the Customer.
5.2. The Bank is entitled not to execute a concluded NCT and cancel it in the following cases:
5.2.1. if the Bank does not receive the Customer’s Instruction until 5.00 p.m. Latvian time of the Transaction date;
5.2.2. if NCT provisions stated in the Instruction contradict provisions of the concluded NCT the Parties agreed upon over the telephone or the written Instruction does not meet the Bank’s requirements;
5.2.3. sufficient funds for execution of the Customer's liabilities under the NCT on the Customer’s account; and the Bank is not obliged to inform the Customer of its decision.
5.3. If the NCT is not performed and is cancelled in the cases listed in clause 5.2 hereof, the Bank may write off all expenses and losses of the Bank resulting from the NCT cancellation without the Customer’s consent and the Customer’s order from any of the Customer’s accounts with the Bank. The volume of the Bank’s expenses and losses mentioned in this clause is calculated taking into account the difference between the Arranged exchange rate and the rate the Bank applies to perform the opposite currency exchange.
Rights of Bank. Bank shall have the rights contained in this Section at all times during the period of time this Agreement is effective.
