Rights of the Bank. 12.1 Nothing in this Agreement shall affect a Bank’s right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person.
12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit.
12.3 The Bank is entitled (but not legally obliged):
(a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank;
(b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and
(c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses 12.3(b) and 12.3(c), it shall promptly notify the Company or (as the case may be) the Cardholder to which such exercise of rights relates.
(a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses.
(b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.
Rights of the Bank. 14.1 Nothing in this Agreement shall affect the Bank's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person.
14.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit.
14.3 The Bank is entitled (but not legally obliged):-
(a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank;
(b) to set-off or transfer any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in Ringgit Malaysia or any other currency in or towards discharge of the total amount debited to the Card Account; and
(c) to set-off or transfer any monies of whatever description standing in the books of the Bank to the credit of a Cardmember, whether held singly or jointly with others and whether in Ringgit Malaysia or any other currency in or towards discharge of the total amount of Charges in the Card Account attributable to his/her own use of a Card. For the purpose of set-off of funds in any currency other than Ringgit Malaysia, the Bank may convert the currency into Ringgit Malaysia at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 14.3(b) and 14.3(c), it shall give seven (7) days prior notice to the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relates.
14.4 The Bank is entitled to check the Account Holder’s and/or the Cardmember’s credit standing at any time as and when it deems fit and appropriate without reference to the Account Holder and/or the Cardmember.
14.5 The Bank is entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but not limited to Card processing or collection of all sums due and subject to Clause 18, the Bank shall be entitled to disclose to such agent(s) all relevant information pertaining to the Card to facilitate the services rendered by such agent(s) favouring the Bank. The Bank will give seven (7) days prior notice to the Account Holder if a third party debt collection agency is appointed to collect t...
Rights of the Bank. The Bank shall not be liable for failure to collect or realize upon the Obligations or any collateral security or guarantee therefor, or any part thereof, or for any delay in so doing nor shall it be under any obligation to take any action whatsoever with regard thereto. If an Event of Default has occurred and is continuing, the Bank may thereafter, without notice, 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 the 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 the Bank. If an Event of Default shall occur and be continuing and the Bank shall give notice of its intent to exercise such rights to the Company: (i) the Bank shall have the right to receive any and all cash dividends paid in respect of the Pledged Stock and make application thereof to the Secured Obligations in such order as it may determine, and (ii) all shares of the Pledged Stock shall be registered in the name of the Bank or its nominee, and the Bank or its nominee may thereafter exercise (A) all voting, corporate and other rights pertaining to such shares of the Pledged Stock at any meeting of shareholders of the Issuer or otherwise and (B) any and all rights of conversion, exchange, subscription and any other rights, privileges or options pertaining to such shares of the Pledged Stock as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Pledged Stock upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the corporate structure of the Issuer, or upon the exercise by the Company or the Bank of any right, privilege or option pertaining to such shares of the Pledged Stock, and in connection therewith, the right to deposit and deliver any and all of the Pledged Stock with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine), all without liability except to account for property actually received by it, but the Bank shall have no duty to exercise any such right, privilege or option and shall not be responsible for any failure to do so or delay in so doing.
a. The rights of the Bank hereunder shall not be conditioned or contingent upon the pursuit by the Bank of any right or remedy against the Issuer or against any other Person which may be or become liable in respect of all or any part of the Secured Obligations or against any other collateral security therefor, guarantee thereof or right of offset with respect thereto. The Bank shall not be liable for any failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so, nor shall it be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Company or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof.
Rights of the Bank. 11.1 Nothing in this Agreement shall affect the Bank's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person.
11.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to such Bank for applying the credit.
11.3 The Bank is entitled (but not legally obliged):-
(a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank;
(b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Master Account – Hong Kong Dollar Card Account. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 11.3(b), it shall promptly notify the Company to which such exercise of rights relates.
(a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses.
(b) A refund under Clause 11.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.
Rights of the Bank. 12.1 Nothing in this Agreement shall affect the Bank's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person.
12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit.
12.3 The Bank is entitled (but not legally obliged):
(a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank;
(b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount debited to the New Zealand Dollar Card Account; and
(c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardmember, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount of Charges in the New Zealand Dollar Card Account attributable to his/her own use of a Card. For the purpose of set-off of funds in any currency other than New Zealand Dollars, the Bank may convert the currency into New Zealand Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 12.3(b) and 12.3(c), it shall promptly notify the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relates.
12.4 The Bank is entitled to check the Account Holder’s and/or the Cardmember’s credit standing at any time as and when it deems fit and appropriate without reference to the Account Holder and/or the Cardmember.
12.5 The Bank shall be entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but is not limited to Card processing or collection of all sums due and the Bank shall be entitled in its absolute discretion to disclose to such agent(s), without giving any notice to you or providing any reason, all information pertaining to the Card to facilitate the services rendered ...
Rights of the Bank. All consents, approvals and requests required of the Bank shall be deemed not required if the Bank has failed to fulfill its obligations to make payments under the Letter of Credit in accordance with the terms thereof or a Bank Default has occurred and is continuing. The Trustee, in its exercise of its rights for the benefit of the Bondholders under this Article IX and the rights of the Issuer assigned under this Indenture (but not including the rights of the Trustee or the Issuer under this Indenture for its own benefit including, but not limited to, indemnification and any fees and expenses owed to it), in the event that all Outstanding Bonds are Bank Bonds, shall be subject to the direction of the Bank, subject to the rights of the Bond Insurer set forth herein. In the event that less than all Outstanding Bonds are secured by the Bank pursuant to the Letter of Credit, the Bank shall be treated as the owner of all Bank Bonds for purposes of giving directions, consents, waivers or other actions. Except as otherwise provided in the penultimate paragraph of Section 9.03 hereof, in no event shall Bonds secured by a Letter of Credit be accelerated without the prior written consent of the Bank so long as the Letter of Credit is in full force and effect and the Bank has not defaulted thereunder (i) by failing to honor a draft submitted under the Letter of Credit in strict conformity therewith or (ii) in any other material respect, and all interest draws under the Letter of Credit have been reinstated.
Rights of the Bank. 4.1. If the Customer violates the requirements of clause 3 of this Agreement, the Bank shall be entitled to unilaterally terminate the contractual relations with the Customer.
Rights of the Bank. All rights of the Bank under this Agreement to consent to certain extensions, remedies, waivers, actions and amendments hereunder shall cease, terminate and become null and void (i) for so long as the Bank wrongfully dishonors any draft presented in strict conformity with the Letter of Credit and until it has honored a subsequent draft, if any, thereunder or (ii) if the Letter of Credit is no longer in effect and any and all of the Company's obligations to the Bank pursuant to the Reimbursement Agreement have been paid.
Rights of the Bank. The Bank shall not be liable, except in the case of its willful misconduct or gross negligence, for failure to collect or realize upon the Indebtedness or the Collateral or any part thereof, or for any delay in so doing, nor shall the Bank be under any obligation to take any action whatsoever with regard thereto. If an Event of Default has occurred and its continuing, the Bank, with or without notice, shall have the right to 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, in its sole discretion determine, all without liability except to account to the Pledgor for property actually received by it. The 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.
