SET-OFF AND LIEN. 8.1 For so long as you owe monies or obligations (of any nature and however arising) to us, you may not withdraw your Assets from your Account without our consent. We may at any time withhold any Assets pending full settlement of all such monies or obligations owed by you.
SET-OFF AND LIEN a. ENBD Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD Capital KSA may have incurred on the Client's behalf.
b. The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSA, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD Capital KSA, and are subject to a continuing general lien and security interest in ENBD Capital KSA's favor for the discharge of all of the Client's indebtedness and other obligations to ENBD Capital KSA, without regard to ENBD Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSA.
c. ENBD Capital KSA shall have the right to transfer Investments so held to ENBD Capital KSA or to others whenever ENBD Capital KSA considers that such a transfer is necessary for the Client's protection and/or to remedy the Client's default. In enforcing the lien and other rights and remedies hereunder, ENBD Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary.
d. The Client hereby authorizes ENBD Capital KSA in ENBD Capital KSA’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD Capital KSA or in ENBD Capital KSA's possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD Capital KSA may deem appropriate, and ENBD Capital KSA may do so without retaining in ENBD Capital KSA's possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD Capital KSA may receive and retain certain benefits from such activity to which the Client will not be en...
SET-OFF AND LIEN. 9.1 The Guarantor irrevocably authorises each Credit Party at any time to set off without notice any sums then due and payable by the Guarantor to that Credit Party under this Guarantee and Indemnity (irrespective of the branch or office, currency or place of payment) against any credit balance from time to time standing on any account of the Guarantor (whether current or otherwise, whether or not subject to notice and whether or not that credit balance is then due to the Guarantor) with any branch of to that Credit Party in or towards satisfaction of the Guarantor's Liabilities and, in the name of that Credit Party or the Guarantor, to do all acts (including, without limitation, converting or exchanging any currency) which may be required to effect such set-off.
9.2 Each Credit Party shall have a lien on and be entitled to retain and realise as additional security for any sums then due and payable by the Guarantor to that Credit Party under this Guarantee and Indemnity any cheques, drafts, bills, notes or negotiable or non-negotiable instruments and any stocks, shares or marketable or other securities and property of any kind of the Guarantor (or of the relevant Credit Party as agent or nominee of the Guarantor) from time to time held by that Credit Party, whether for safe custody or otherwise.
9.3 The Guarantor irrevocably authorises each Credit Party at any time to use the whole or any part of any credit balance from time to time standing on any of the Guarantor's accounts with any branch of that Credit Party to purchase the Agreed Currency as if it were a receipt in accordance with Clause 8.
9.4 Despite any term to the contrary in relation to any deposit or credit balance at any time on any account of the Guarantor with any Credit Party, no such deposit or credit balance shall be repayable or capable of being assigned, mortgaged, charged or otherwise disposed of or dealt with by the Guarantor until the Guarantor's Liabilities have been discharged in full, but each Credit Party may from time to time permit the withdrawal of all or any part of any such deposit or balance without affecting the continued application of this Clause.
SET-OFF AND LIEN. 13.1 Set-off The Borrower irrevocably authorises each of the Finance Parties at any time after all or any part of the Indebtedness shall have become due and payable to set off without notice any liability of the Borrower to any of the Finance Parties (whether present or actual, and irrespective of the branch or office, currency or place of payment) against any credit balance from time to time standing on any account of the Borrower (whether current or otherwise and whether or not subject to notice) with any branch of any of the Finance Parties in or towards satisfaction of the Indebtedness and, in the name of that Finance Party or the Borrower, to do all acts (including, without limitation, converting or exchanging any currency) and execute all documents which may be required to effect such application.
13.2 Lien If an Event of Default has occurred and is continuing, unremedied or unwaived, each Finance Party shall have a lien on and be entitled to retain and realise as additional security for the repayment of the Indebtedness any cheques, drafts, bills, notes or negotiable or non-negotiable instruments and any stocks, shares or marketable or other securities and property of any kind of the Borrower (or of that Finance Party as agent or nominee of the Borrower) from time to time held by that Finance Party, whether for safe custody or otherwise.
SET-OFF AND LIEN. 12.1 Without limiting or reducing the effect of Clauses 13.10 and 13.11 of the Client Agreement for Securities Trading, GTJAS is entitled to do the following without prior notice to the Client:
(a) exercise a lien over all of the Client’s property (including all Securities in the Margin Account and other accounts of the Client with GTJAS or any other member of GTJA Group) in the possession or control of GTJAS or any other member of GTJA Group from time to time for any purpose. GTJAS has the power to apply such property or sell such property and apply the proceeds to satisfy any of the Client’s liabilities (such liabilities include debts owed to GTJAS or any other member of GTJA Group that were incurred by the Client as a principal or guarantor and whether such debts are actual or contingent, principal or subsidiary, individual or joint) to GTJAS or any other member of GTJA Group;
(b) debit any amount payable by the Client to GTJAS or any other member of GTJA Group (including any fees, expenses, or interest) from the Margin Account and other accounts of the Client with GTJAS or any other member of GTJA Group irrespective of whether there are sufficient available funds, overdraft or other facilities in the relevant accounts and even if the Client has given Instruction for applying the funds in any account. If any debit causes any of the relevant accounts to be overdrawn, the Client is liable to repay the outstanding amount to GTJAS on demand together with fees, expenses, and interest accruing on the outstanding amount at such rate as set by GJTAS;
(c) withhold, combine, or consolidate the balance on the Margin Account and other accounts of the Client with GTJAS or any other member of GTJA Group, and set off or transfer any monies standing to the credit of any account in or towards settlement of any amounts owing by the Client to GTJAS or any other member of GTJA Group. The amounts owing by the Client (1) may be actual or contingent, present, future, or deferred, primary or collateral, (2) may be owing by the Client solely or jointly with any other person, (3) may include any amount payable by the Client in satisfaction of a Margin Call, and (4) may include fees, expenses, or interest;
(d) refuse to repay the Client any monies in any currency standing to the credit of the Margin Account and other accounts of the Client with GTJAS or any other member of GTJA Group when due or on demand by the Client and to the extent that such monies are equal to or less than ...
SET-OFF AND LIEN. 20.1. The Management Venture may not set off or withhold any amount or payment whatsoever due from it to the Company and in addition may not withhold any asset and/or equipment and/or installation, of any kind or nature whatsoever to secure the liabilities of the Company to it.
20.2. The Company may set off and withhold any payment and compensation due to it pursuant to the Agreement from any payment due and that will become due to the Management Venture pursuant to the Agreement or pursuant to other contracts and in addition will be entitled to withhold any asset, equipment or installation of any kind or nature whatsoever to secure the liabilities of the Management Venture to it pursuant to the Agreement or pursuant to other agreements between the parties.
SET-OFF AND LIEN. 33.1. ISR shall have a right to affix a lien on any property, (including but without derogating from the generality of the above, devices, machines, equipment, materials, and objections) that belong to the Contractor or its employees, assistants, or agents, including subcontractor, or that was brought to ISR’s premises by it or by them, in order to secure the Contractor’s obligations pursuant to this Agreement. It is hereby agreed that the Contractor shall not have a right to affix a lien with respect to tools and/or materials and/or equipment and/or devices and/or plans and/or documents belonging to ISR and that are in the Contractor’s possession for any reason, and the Contractor shall ensure to include appropriate provisions pursuant to this provision in its agreements with subcontractors.
33.2. Likewise, ISR shall have a right to affix a lien on any amounts that are paid to the Contractor by ISR, whether pursuant to this Agreement or a different agreement or pursuant to any invoice and/or for any other grounds. ISR may withhold these funds until payment by the Contractor of any amount the Contractor is obliged to pay to ISR, whether the Contractor’s obligation arises out of this Agreement or a different undertaking, of any kind, including a fine, and linkage and interest arising therefrom.
33.3. ISR may deduct and/or redeem and/or set off any amount paid to the Contractor, from any amount due or that will be due to ISR, whether pursuant to this Agreement, or in any other manner, whether a fixed amount or unfixed, without the need to provide the Contractor with advanced notice with respect to such withholding, redemption and/or set off. For the avoidance of doubt, it is hereby clarified that the provisions of this Section do not derogate from ISR’s right to collect any amounts due to it in any other manner, including by redemption of a Guarantee.
SET-OFF AND LIEN. 14.1 Without prejudice to any rights of FICCL, FICCL shall have a paramount lien and right of set-off against all monies of the Borrower( s ) standing to the credit in any account(s) of the Borrower(s) with FICCL and the Borrower(s) authorise(s) FICCL to debit the account(s) of the Borrower(s) with FICCL or to apply any credit balance to which the Borrower(s) is entitled on any account of the Borrower(s) with FICCL in satisfaction of any sum, whether for principal or interest or otherwise due and payable by the Borrower(s) to FICCL under this Agreement or under any other agreement entered into with FICCL.
14.2 Nothing herein contained shall prejudice or adversely affect any general or special lien or right to set-off to which FICCL is or may be by law or otherwise be entitled or any rights or remedies of FICCL including in respect of any present or future security, guarantee, obligations of the Borrower(s).
14.3 The Borrower( s ) further agree( s ) that in addition to and without prejudice to any other right or lien enjoyed by FICCL, FICCL will further be entitled at any point of time and without notice to the Borrower( s ) to combine or consolidate all or any of the Borrower( s)’s accounts (including any fixed deposits) held with FICCL and all the credits and liabilities therein and set off or transfer any sum standing to the credit of any one or more of such accounts in or towards satisfaction of any of the Borrower(s)’s liabilities to FICCL on any account whatsoever, whether such liabilities are actual or contingent, primary or collateral and whether joint or several.
SET-OFF AND LIEN. The borrower hereby confirms, declares and agrees that for the liability of the borrowers , the bank shall have a paramount right of set off and in exercise of the bank’s general lien under law, the bank shall also have a paramount right of lien on all monies, accounts, securities, deposits, goods and other assets and properties belonging to the borrower or standing to the borrower’s credit (whether singly or jointly with any other person/s) which are or may at any time be with or in possession or control of any branch of the bank for any reason or purpose whatsoever and bank is specifically authorized to exercise right of lien on the securities including title deeds of the property and effect set of against all moneys.
SET-OFF AND LIEN. The Bank may at any time as permitted by any applicable law, without notice and notwithstanding any settlement of account or other matter whatsoever, combine or consolidate all or any of my (our) then existing accounts in any currency (whether current, deposit, loan or of any other nature whatsoever and whether subject to notice or not and whether held jointly or solely in our name or otherwise) and set off or transfer any sum standing to the credit of any one or more such accounts with the Bank or any of its branches, subsidiaries or Affiliates or any amounts owing to me (us) by the Bank whether actually or contingently, solely or jointly in or towards satisfaction of any of my (our) liabilities to the Bank on any other account or in any other respect whatsoever whether such liabilities be present or future, actual or contingent, primary or collateral and several or joint and the Bank is authorised to purchase with the moneys standing to the credit of any such account such other currencies as may be necessary for this purpose. Where such combination, set-off or transfer requires the conversion of one currency into another, such conversion shall be calculated at the spot rate of exchange (as conclusively determined by the Bank) prevailing on the date of the combination, set-off or transfer. Nothing contained in this Agreement shall restrict the operation of any general right of set-off or other rights or remedies whatsoever which the Bank as bankers may have whether by law or otherwise and this Agreement is in addition to any other indemnity, guarantee, pledge, mortgage or other security right or remedy now or hereafter held by or available to the Bank. For the purpose of this Agreement, the term “Affiliate” includes (without limitation) the parent organisation of the Bank, the branches and subsidiaries of the parent organisation of the Bank and the agents and correspondents of the Bank, irrespective of where the Affiliate is located (whether inside or outside PRC).
