Common use of THE PURCHASER AND PAYMENT OF PURCHASE PRICE Clause in Contracts

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank may in it’s absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 43 contracts

Samples: Deed of Assignment, Facilities Agreement, Facility Agreement

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THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 40 contracts

Samples: Proclamation of Sale, Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank MBSB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankMBSB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, MBSBfor payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank shall MBSBshall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for MBSBfor any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of MBSBas to the Bank as to amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not MBSBnot later than seven Seven (7) days Days from the date of the demand made by the BankMBSB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without MBSBwithout any set-off not later than NINETY One Hundred Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank by MBSBby way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank in MBSBin its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank deems as MBSBdeems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank may due date MBSBmay impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and to MBSBand the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 38 contracts

Samples: Proclamation of Sale, Deed of Assignment and Power of Attorney, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (`the Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning signing any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 27 contracts

Samples: Facilities Agreement, Facility Agreement, Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank MBSB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankMBSB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank MBSB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of the Bank MBSB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB without any set-off not later than NINETY One Hundred Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date MBSB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 15 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 12 contracts

Samples: Property Sale Agreement, Loan Agreement, Facility Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determinedetermine ) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 12 contracts

Samples: Master Facilities Agreement, Facilities Agreement, Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order to the Bank.Order to 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on In the event that, the Purchaser settles the Balance Purchase Price within the stipulated or extended time, any late payment if imposed compensation paid shall remain nonrefundable. The application to request for an extension of time must be made by the Bank may be in Purchaser at least 21 days before the form of advance payment of interest for the extension period or otherwise is final and not refundablecompletion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 11 contracts

Samples: Loan Agreement, Proclamation of Sale, Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 The Purchaser shall have prior to twenty one (21) days of In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and Date the Bank may in it’s absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to impose such conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall in its absolute discretion deems fit which may include the payment by the Purchaser to the Bank interest on late payment at the rate to be binding on determined by the PurchaserBank. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the Due Date to the date of full payment of the Purchase Price to the Bank. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 10 contracts

Samples: Loan Agreement, Facilities Agreement, Musharakah Mutanaqisah Master Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on In the event that, the Purchaser settles the Balance Purchase Price within the stipulated or extended time, any late payment if imposed compensation paid shall remain nonrefundable. The application to request for an extension of time must be made by the Bank may be in Purchaser at least 21 days before the form of advance payment of interest for the extension period or otherwise is final and not refundablecompletion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 7 contracts

Samples: Deed of Assignment, Proclamation of Sale, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order to the Bank.Order to 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 7 contracts

Samples: Proclamation of Sale, Proclamation of Sale, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 6 contracts

Samples: Proclamation of Sale, Facility Agreement and Deed of Assignment, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum which in the form of Bank Draft or Cashier‟s Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the „The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 5 contracts

Samples: Loan Agreement, Deed of Assignment and Power of Attorney, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 5 contracts

Samples: Property Sale Agreement, Property Sale Agreement, Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum which in the form of Bank Draft or Cashier‟s Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the „The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 5 contracts

Samples: Loan Agreement, Proclamation of Sale, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment charges if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 5 contracts

Samples: Loan Agreement, Musharakah Mutanaqisah Master Agreement, Facilities Agreement and Deed of Assignment

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.of 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 4 contracts

Samples: Loan Agreement, Proclamation of Sale, Property Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum which in the form of Bank Draft or Cashier‟s Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the „The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashier’s order Cashier‟s Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.of 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (`the Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning signing any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Musharakah Mutanaqisah Master Agreement, Facilities Agreement Musharakah Mutanaqisah and Deed of Assignment, Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank ABB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankABB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank ABB for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank ABB and the Bank ABB may in its absolute discretion upon such terms and conditions and at such time or times the Bank ABB deems fit to put the Property property up for resale. The Bank ABB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank ABB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of the Bank ABB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank ABB not later than seven Seven (7) days Days from the date of the demand made by the BankABB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank ABB without any set-off not later than NINETY Ninety (90) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank ABB by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankABB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank ABB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as ABB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date ABB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank ABB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to ABB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankABB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to ABB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 3 contracts

Samples: Facilities Agreement, Loan Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 3 contracts

Samples: Property Sale Agreement, Facility Agreement and Deed of Assignment, Facility Agreement and Deed of Assignment

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms ter ms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement, Facilities Agreement and Deed of Assignment

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank applying for an ’s discretion, the Assignee may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Proclamation of Sale, Proclamation of Sale, Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive conclusi ve for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determinedetermine ) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Istisna’ Agreement and Deed of Assignment of Rights Under Sale and Purchase Agreement, Musharakah Mutanaqisah Master Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Loan Agreement, Property Sale Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 3 contracts

Samples: Proclamation of Sale, Proclamation of Sale, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order to the Bank.Order to 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale R esale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 2 contracts

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB. 8.7 7.7 In the event that the Purchaser purchase shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank MBSB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB not later than seven (7) days from the date of the demand made by the BankMBSB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 7.10 The Balance Purchase Price shall be paid to the Bank MBSB by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date MBSB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in it’s absolute discretion to impose the late payment charges / compensation / amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, forfeited or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 2 contracts

Samples: Property Sale Agreement, Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or cashier’s 's order drawn in favour of the Bank which together will form the Purchase Deposit. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s 's order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s 's order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s 's order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 2 contracts

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 7.7 In the event that the Purchaser purchase shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 7.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date MBSB BANK BERHAD may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB BANK BERHAD may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB BANK BERHAD. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 2 contracts

Samples: Property Sale Agreement, Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the bank may in its absolute discretion to impose the late payment charges/compensation/amount to compensate the actual costs incurred by the Assignore/Customer based on the following formula: oustanding principle amount (RM) X BFR + 3.5% or BR + 6.35% [Subject to ceiling profit rate] X days of extenstion/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue. 8.15 As from the time of auction sale the property shall be at the sole risk of the Purchaser as regard any loss or damage of whatsoever nature or howsoever occurring. The Purchaser further shall not be entitled to any compensation whatsoever from any depreciation thereof arising from cause whatsoever 8.16 The Bank make no representation as to the ownership of furniture fitting and fixtures situated at the property which items may be on hire purchase, lease or deferred sale from third parties. In such a case the Bank accepts no liability for any payments which may be outstanding in respect thereof and the Property is sold subject thereto.

Appears in 2 contracts

Samples: Deed of Assignment and Musharakah Mutanaqisah Master Agreement, Deed of Assignment

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 2 contracts

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (( `the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms ter ms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price pric e for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms ter ms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’)) . A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses expens es of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facility Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale R esale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed impos ed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit ShortfallShortfall ’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank MBSB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankMBSB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured 7.8 for any reason whatsoever when presented by the Bank MBSB for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.9 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank MBSB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of the Bank MBSB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB. 8.9 7.10 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB without any set-off not later than NINETY One Hundred Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.11 The Balance balance Purchase Price price shall be paid to the Bank MBSB by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB. 8.11 7.12 Upon the written request by the Purchaser before the expiry date, the Bank MBSB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.13 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date MBSB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB. 8.13 7.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on In the event that, the Purchaser settles the Balance Purchase Price within the stipulated or extended time, any late payment if imposed compensation paid shall remain nonrefundable. The application to request for an extension of time must be made by the Bank may be in Purchaser at least 21 days before the form of advance payment of interest for the extension period or otherwise is final and not refundablecompletion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 The Purchaser shall have prior to twenty one (21) days of In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and Date the Bank may in it’s absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to impose such conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall in its absolute discretion deems fit which may include the payment by the Purchaser to the Bank interest on late payment at the rate to be binding on determined by the PurchaserBank. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the Due Date to the date of full payment of the Purchase Price to the Bank. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto to (`the “The Memorandum). 8.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash by BANK DRAFT or by way of a valid bank draft or cashier’s order CASHIER’S ORDER drawn in favour of the Bank MBSB BANK BERHAD for XXXXXX XXXX BINTI MHD. BATHUSHA, ZAIDIL EFENDY BIN A-EFENDY ZASDAR & FATEHA NOVIANTI BT A-EFENDY ZASDAR or via XXXXXX or online banking transfer (FPX) which together will form the Purchase Deposit. Please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in within the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for paymentstipulated timeframe, the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY One Hundred And Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.of 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (ia) agree to grant the extension of time unconditionally, or or (iib) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iiic) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank MBSB BANK BERHAD shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank MBSB BANK BERHAD may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the th e Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach breac h of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facility Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the th e purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase purchas e price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

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THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared as the successful purchaser of the PropertyProperty (hereinafter referred to as “the Successful Purchaser”), the Successful Purchaser (other than the Assignee/Financier if it is the Purchaser) shall execute the memorandum Memorandum attached hereto (`the Memorandum).; 8.2 7.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale POS shall in their entirety form the contract for of the sale and purchase of for the Property (`the Contract of Sale).; 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Successful Purchaser shall be the purchase price Purchase Price for the Property (`the Purchase Price).; 8.4 Upon successful bid 7.4 Ten per centum (10%) as the case may be of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract of Sale (hereinafter referred to as “the Purchase Deposit); 8.5 7.5 In the event that the Purchase Price is higher than the Reserve Price, the Successful Purchaser shall immediately deposit with the Auctioneer as a stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`hereinafter called “the Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank Assignee/Financier which together will form the Purchase Deposit.; 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit from the Successful Purchaser release the said sum, sum which is in the form of a bank draft and/or or cashier’s order to the Bank.Assignee/Financier; 8.7 7.7 In the event that the Successful Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank Assignee/Financier for payment, the Successful Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale and the consequences set out in paragraph 8.8 Clause 7.8 hereto shall ensue.; 8.8 7.8 In the event that the Successful Purchaser shall commit a breachfail, refuse and neglect to pay Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by Assignee/Financier for payment, (hereinafter referred to as “the Defaulting Purchaser”), the Bidding Deposit shall be forfeited absolutely to the Bank Assignee/Financier and the Bank Assignee/Financier may in its absolute discretion upon such terms and conditions and at such time or times the Bank Assignee/Financier deems fit to put the Property up for resaleRESALE. The Bank Assignee/Financier shall be further entitled to recover from the Defaulting Purchaser all costs and expenses of, in connection with and resulting from such resaleRESALE. The Defaulting Purchaser shall be further liable to the Bank Assignee/Financier for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall). A certificate duly signed by an authorized officer of the Bank as to Assignee/Financier verifying the amount of the Resale Shortfall shall be final and conclusive and shall be binding on the Successful Purchaser and the Successful Purchaser shall accept the costs and the expenses of, in connection with and resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive RESALE for all purposes including for legal proceedings. The certified amount shall be paid by the Successful Purchaser to the Bank Assignee/Financier not later than seven Seven (7) days Days from the date of the demand made by the BankAssignee/Financier and/or its Solicitors, as the case may be. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (hereinafter referred to as “Balance Purchase Price”) shall be paid by the Successful Purchaser directly to the Bank Assignee/Financier without any set-off deduction not later than NINETY Ninety (90) DAYS Days from the date of the Contract of Sale (`hereinafter referred to as “the Due Date).; 8.10 7.10 The Balance Purchase Price shall be paid to the Bank Assignee/Financier by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.Assignee/Financier; 8.11 7.11 Upon the written request by the Successful Purchaser for extension of the Due Date before the expiry dateof the Due Date, the Bank Assignee/Financier in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods as the Bank Assignee/Financier deems fit (`the Extended Due Date).; 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank Financier may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank Assignee/Financier may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable.otherwise. The Assignee/Financier has the absolute right to impose the rate of interest as it deems fit. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the Due Date to the full payment of the Balance Purchase Price to Assignee/Financier; and 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankAssignee/Financier) fails fails, refuses or neglects to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including whereupon the Purchase Deposit shall be forfeited absolutely by to the Bank Assignee/Financier and the consequences as set out in paragraph 8.8 Clause 7.8 above shall ensue.

Appears in 1 contract

Samples: Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank MBSB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankMBSB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, MBSBfor payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank MBSB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of the Bank MBSB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB without any set-off not later than NINETY One Hundred Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date MBSB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to MBSB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierXxxxxxx’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Purch ase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written wri tten request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facility Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto to (`the “The Memorandum). 8.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash by BANK DRAFT or by way of a valid bank draft or cashier’s order CASHIER’S ORDER drawn in favour of the Bank MBSB BANK BERHAD for XXXXXXXXXX XXX XXXXXX or via XXXXXX or online banking transfer (FPX) which together will form the Purchase Deposit. Please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in within the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for paymentstipulated timeframe, the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY One Hundred And Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (ia) agree to grant the extension of time unconditionally, or or (iib) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iiic) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank MBSB BANK BERHAD shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank MBSB BANK BERHAD may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting r esulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto to (`the “The Memorandum). 8.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash by BANK DRAFT or by way of a valid bank draft or cashier’s order CASHIER’S ORDER drawn in favour of the Bank MBSB BANK BERHAD for XXXXXXX XXX XXXXXX & XXXXXXXXX XXXXX XXXX or via XXXXXX or online banking transfer (FPX) which together will form the Purchase Deposit. Please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in within the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for paymentstipulated timeframe, the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY One Hundred And Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.of 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (ia) agree to grant the extension of time unconditionally, or or (iib) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iiic) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank MBSB BANK BERHAD shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank MBSB BANK BERHAD may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto to (`the “The Memorandum). 8.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash by BANK DRAFT or by way of a valid bank draft or cashier’s order CASHIER’S ORDER drawn in favour of the Bank MBSB BANK BERHAD for XXXXXX XXXXX XXXXXXX or via XXXXXX or online banking transfer (FPX) which together will form the Purchase Deposit. Please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in within the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for paymentstipulated timeframe, the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY One Hundred And Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank.of 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (ia) agree to grant the extension of time unconditionally, or or (iib) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iiic) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank MBSB BANK BERHAD shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest compensation on late payment if imposed by the Bank MBSB BANK BERHAD may be in the form of advance payment of interest compensation for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank applying for an ’s discretion, the Assignee may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the PropertyPropert y, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale R esale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Purch ase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale R esale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach breac h of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale R esale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Purc hase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank ABB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankABB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, ABBfor payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank ABB and the Bank ABB may in its absolute discretion upon such terms and conditions and at such time or times the Bank ABB deems fit to put the Property property up for resale. The Bank shall XXXxxxxx be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for ABBfor any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of ABBas to the Bank as to amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not ABBnot later than seven Seven (7) days Days from the date of the demand made by the BankABB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without ABBwithout any set-off not later than NINETY (90Ninety(90) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank by ABBby way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankABB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank in ABBin its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank deems as ABBdeems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank may due date ABBmay impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank ABB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to ABB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankABB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and to ABBand the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property (`the Contract of Sale’).property 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank applying for an ’s discretion, the Assignee may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determinedetermine ) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Purch ase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach b reach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank ABB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankABB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank ABB for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank ABB and the Bank ABB may in its absolute discretion upon such terms and conditions and at such time or times the Bank ABB deems fit to put the Property property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank ABB without any set-off not later than NINETY Ninety (90) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.9 The Balance balance Purchase Price price shall be paid to the Bank ABB by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankABB. 8.11 7.10 Upon the written request by the Purchaser before the expiry date, the Bank ABB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as ABB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.11 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank due date ABB may impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank ABB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to ABB. 8.13 7.12 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankABB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to ABB and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierXxxxxxx’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or cashier’s 's order drawn in favour of the Bank which together will form the Purchase Deposit. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s 's order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s 's order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s 's order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited . absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Purc hase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Proclamation of Sale

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms ter ms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facility Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract co ntract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason reaso n whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any a ny reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Auctio n Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late p ayment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the BanktheBank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or and/ or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms ter ms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified cert ified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 7.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto (`the “The Memorandum). 8.2 7.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 7.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid 7.4 Ten per centum (10%) of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 7.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft or of cashier’s order drawn in favour of the Bank ABB which together will form the Purchase Deposit. 8.6 7.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, sum either in the form of bank draft and/or or cashier’s order to the BankABB. 8.7 7.7 In the event that the Purchaser purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, ABBfor payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 7.8 hereto shall ensue. 8.8 7.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank ABB and the Bank ABB may in its absolute discretion upon such terms and conditions and at such time or times the Bank ABB deems fit to put the Property property up for resale. The Bank shall ABBshall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for ABBfor any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall’Shortfall “). A certificate duly signed by an authorized officer of ABBas to the Bank as to amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not ABBnot later than seven Seven (7) days Days from the date of the demand made by the BankABB. 8.9 7.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without ABBwithout any set-off not later than NINETY Ninety (90) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 7.10 The Balance balance Purchase Price price shall be paid to the Bank by ABBby way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankABB. 8.11 7.11 Upon the written request by the Purchaser before the expiry date, the Bank in ABBin its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank deems as ABBdeems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of 7.12 In extending the Due Date, the Purchaser shall issue a written request to the Assignee/Bank applying for an extension of time and the Bank may due date ABBmay impose such conditions as in it’s its absolute discretion (i) agree to grant deems fit which may include the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank ABB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundableotherwise. In any event the interest shall be calculated on a daily basis on such unpaid amount of the Purchase Price from the due date of full payment of the Purchase Price to ABB. 8.13 7.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankABB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and to ABBand the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Sale Agreement Cum Assignment

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] and upon being declared the successful purchaser of the Property, the Purchaser purchaser shall execute the memorandum attached hereto to (`the “The Memorandum). 8.2 The signed Memorandum memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser purchaser shall be the purchase price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 purchase price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale (“ the Purchase Deposit)sale 8.5 In the event that the Purchase Price purchase price is higher than the Reserve Pricereserve price, the Purchaser shall immediately [or three (3) working days from the date of auction in the event of an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash by BANK DRAFT or by way of a valid bank draft or cashier’s order CASHIER’S ORDER drawn in favour of the Bank MBSB BANK BERHAD for PHUAH XXXX XXX or via XXXXXX or online banking transfer (FPX) which together will form the Purchase Deposit. Please refer to the Terms & Conditions on xxx.xxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order sum to the BankMBSB. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in within the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for paymentstipulated timeframe, the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB and the Bank MBSB may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB deems fit to put the Property property up for resale. The Bank MBSB shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB for any shortfall in the sale price obtained at the resale and the Purchase Price (`the “The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB not later than seven Seven (7) days Days from the date of the demand made by the BankMBSB. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB without any set-off not later than NINETY One Hundred And Twenty (90120) DAYS Days from the date of the Contract contract of Sale (`the “The Due Date). 8.10 The Balance balance Purchase Price price shall be paid to the Bank MBSB by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank applying for an Xxxxxx’s discretion, the Assignee/Lender may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (ia) agree to grant the extension of time unconditionally, or or (iib) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iiic) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank MBSB shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank MBSB may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB) fails to pay the Balance balance Purchase Price by the Due Date or due date of the Extended Due Dateextended due date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit.. Please refer to the Terms & Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the same 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on In the event that, the Purchaser settles the Balance Purchase Price within the stipulated or extended time, any late payment if imposed compensation paid shall remain nonrefundable The application to request for an extension of time must be made by the Bank may be in Purchaser at least 21 days before the form of advance payment of interest for the extension period or otherwise is final and not refundablecompletion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Property Sale Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank which together will form the Purchase Deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank Assignee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.12.1 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue. 8.13 As from the time of auction sale the property shall be at the sole risk of the Purchaser as regard any loss or damage of whatsoever nature or howsoever occurring. The Purchaser further shall not be entitled to any compensation whatsoever from any depreciation thereof arising from cause whatsoever 8.14 The Bank make no representation as to the ownership of furniture fitting and fixtures situated at the property which items may be on hire purchase, lease or deferred sale from third parties. In such a case the Bank accepts no liability for any payments which may be outstanding in respect thereof and the Property is sold subject thereto.

Appears in 1 contract

Samples: Istisna’ Agreement and Deed of Assignment of Rights Under Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser Purchaser of the Property, the Purchaser shall execute the memorandum Memorandum attached hereto (`the “The Memorandum). 8.2 The signed Memorandum together with these conditions the Conditions of sale Sale and the Proclamation of Sale shall in their entirety form entirely from the contract of the sale for the sale and purchase of the Property property (`the “The Contract of Sale). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property property is sold to the Purchaser shall be the purchase price Purchase Price for the Property property (`the “The Purchase Price). 8.4 Upon successful bid Ten per centum (10%) as the case may of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 Purchase Price shall be paid to by the Bank immediately Purchaser upon the execution of the Contract contract of Sale sale (“ the “The Purchase Deposit). 8.5 In the event that the Purchase Price is higher than the Reserve Pricereserve price, the Purchaser shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit purchase deposit and the Bidding Deposit bidding deposit (`the “The Purchase Deposit Shortfall) either in cash or by way of a valid bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank MBSB BANK BERHAD which together will form the Purchase Deposit. Please refer to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx for the manner of payment of the deposit. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashiersum which in the form of Bank Draft or Cashier’s order Order to the BankMBSB BANK BERHAD. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored dishonoured for any reason whatsoever when presented by the Bank MBSB BANK BERHAD for payment, payment the Purchaser shall be deemed to have committed a breach of the terms and conditions of the Auction Sale auction sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit bidding deposit shall be forfeited absolutely to the Bank MBSB BANK BERHAD and the Bank MBSB BANK BERHAD may in its absolute discretion upon such terms and conditions and at such time or times the Bank MBSB BANK BERHAD deems fit to put the Property property up for resale. The Bank MBSB BANK BERHAD shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank MBSB BANK BERHAD for any shortfall in the sale price obtained at the resale and the Purchase Price (`the ‘The Resale Shortfall). A certificate duly signed by an authorized officer of the Bank MBSB BANK BERHAD as to the amount of the Resale Shortfall and the Purchaser as bindingly correct and conclusive shall accept the costs and the expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank MBSB BANK BERHAD not later than seven (7) days from the date of the demand made by the BankMBSB BANK BERHAD. 8.9 Notwithstanding anything herein contained, contained the amount representing the difference between the Purchase Price and the Purchase Deposit (Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank MBSB BANK BERHAD without any set-off not later than NINETY one hundred twenty (90120) DAYS days from the date of the Contract of Sale (`the “The Due Date). 8.10 The Balance Purchase Price shall be paid to the Bank MBSB BANK BERHAD by way of bank draft Bank Draft or cashierCashier’s order Order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the BankMBSB BANK BERHAD. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank MBSB BANK BERHAD in its absolute discretion may but shall be under no obligation to extend the Due Date due date for such period or periods the Bank as MBSB BANK BERHAD deems fit (`the “The Extended Due Date). 8.12 The Purchaser shall have prior to twenty one (21) days of the Due DateNotwithstanding anything contains herein, the Purchaser shall issue a written request and subject to the Assignee/Bank’s discretion, the Assignee/Bank applying for an may on written application by the Purchaser to consider extension of time to pay the Balance Purchase Price and subject to the Bank may in it’s absolute discretion following: (i) agree to grant the extension of time unconditionally, or or (ii) refuse the request, in which case the 10% Purchase Deposit shall be forfeited upon expiry of the successful bid shall be forfeitedDue Date, or or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. The application to request for an extension of time must be made by the Purchaser at least 21 days before the completion date. 8.13 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the BankMBSB BANK BERHAD) fails to pay the Balance Purchase Price by the Due Date or of the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in the breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank to MBSB BANK BERHAD and the consequences as set out in paragraph 8.8 7.8 shall ensue.

Appears in 1 contract

Samples: Loan Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. resal e. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (( `the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Purch ase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for f or any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank Ban k may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for f or resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale Shortfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach b reach of the Contract of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement

THE PURCHASER AND PAYMENT OF PURCHASE PRICE. 8.1 Immediately after the fall of the hammer and upon being declared the successful purchaser of the Property, the Purchaser shall execute the memorandum attached hereto (`the Memorandum’). 8.2 The signed Memorandum together with these conditions of sale and the Proclamation of Sale shall in their entirety form the contract for the sale and purchase of the Property (`the Contract of Sale’). 8.3 The last bid which is the highest bid accepted by the Auctioneer and upon which the Property is sold to the Purchaser shall be b e the purchase price for the Property (`the Purchase Price’). 8.4 Upon successful bid of the property by the bidder, the Bidding Deposit deposited by the bidder pursuant to clause 3.1 shall be paid to the Bank immediately upon execution of the Contract of Sale (“ the Purchase Deposit) 8.5 In the event that the Purchase Price is higher than the Reserve Price, the Purchaser [other than the Assignee/Bank if it is the Purchaser or an E-Bidder (as defined in Part 1.1 of the Online Terms and Conditions) if he/she/it is the Purchaser] shall immediately deposit with the Auctioneer as stakeholder a sum equivalent to the difference between Purchase Deposit and the Bidding Deposit (`the Purchase Deposit Shortfall’) either in cash or by way of a valid bank draft or cashier’s order drawn in favour of the Bank OR REMIT THE SAME THROUGH ONLINE BANKING TRANSFER which together will form the Purchase Deposit. For the purpose of clarity and pursuant to the Online Terms and Conditions, an E-Bidder if he/she/it is the Purchaser, shall have three (3) working days from the date of auction to pay such sum and to sign the Memorandum and the terms in this Clause shall be applicable to an E-Bidder if he/she/it is the Purchaser, mutatis mutandis. Bidders please refer to the Online Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same. 8.6 The Auctioneer shall upon receipt of the Purchase Deposit release the said sum, bank draft and/or cashier’s order to the Bank. 8.7 In the event that the Purchaser shall fail to deposit the Purchase Deposit Shortfall or shall fail to execute the Memorandum for any reason whatsoever or in the event of the bank draft and/or cashier’s order for the Bidding Deposit and/or the Purchase Deposit Shortfall is dishonored for any reason whatsoever when presented by the Bank for payment, the Purchaser shall be deemed to have committed a breach of the terms of the Auction Sale and the consequences set out in paragraph 8.8 hereto shall ensue. 8.8 In the event that the Purchaser shall commit a breach, the Bidding Deposit shall be forfeited absolutely to the Bank and the Bank may in its absolute discretion upon such terms and conditions and at such time or times the Bank deems fit put the Property up for resale. The Bank shall be further entitled to recover from the Purchaser all costs and expenses of, in connection with and resulting from such resale. The Purchaser shall be further liable to the Bank for any shortfall in the sale price obtained at the resale and the Purchase Price (`the Resale ShortfallSho rtfall’). A certificate duly signed by an authorized officer of the Bank as to amount of the Resale Shortfall and the costs and expenses of, in connection with resulting from such resale shall be accepted by the Purchaser as binding correct and conclusive for all purposes including for legal proceedings. The certified amount shall be paid by the Purchaser to the Bank not later than seven (7) days from the date of the demand made by the Bank. 8.9 Notwithstanding anything herein contained, the amount representing the difference between the Purchase Price and the Purchase Deposit (“Balance Purchase Price”) shall be paid by the Purchaser directly to the Bank without any set-off not later than NINETY (90) DAYS from the date of the Contract of Sale (`the Due Date’). 8.10 The Balance Purchase Price shall be paid to the Bank by way of bank draft or cashier’s order drawn in favour of the Bank or E-Payment or any mode of payment which acceptable by the Bank. 8.11 Upon the written request by the Purchaser before the expiry date, the Bank in its absolute discretion may but shall be under no obligation to extend the Due Date for such period or periods the Bank deems fit (`the Extended Due Date’). 8.12 Subject to Clause 8.11 above, in granting the extension of time, the Bank may in its absolute discretion to impose the late payment charges/compensation/ amount to compensate the actual costs incurred by the Assignor/Customer based on the following formula; Outstanding principal amount (RM) x BFR + 3.5% or BR + 6.35% [subject to ceiling profit rate] x days of extension/365 days. 8.13 The Purchaser shall have prior to twenty one (21) days of the Due Date, the Purchaser shall issue a written request to the Assignee/Bank As signee applying for an extension of time and the Bank may in it’s its absolute discretion (i) agree to grant the extension of time unconditionally, or (ii) refuse the request, in which case the 10% of the successful bid shall be forfeited, or (iii) agree to grant an extension of time subject to conditions (including but not limited to imposition of late payment interest/charges/compensation at such rate/amount as the Bank shall determine) without assigning any reasons whatsoever and such decision shall be binding on the Purchaser. The interest on late payment if imposed by the Bank may be in the form of advance payment of interest for the extension period or otherwise is final and not refundable. 8.13 8.14 In the event that the Purchaser for any reason whatsoever (save and except where it is due to the default of the Bank) fails to pay the Balance Purchase Price by the Due Date or the Extended Due Date, as the case may be, the Purchaser shall be deemed to be in breach of the Contract Contrac t of Sale, and all monies paid to the Bank upon the execution of the Contract of Sale including the Purchase Deposit shall be forfeited forf eited absolutely by the Bank and the consequences as set out in paragraph 8.8 shall ensue.

Appears in 1 contract

Samples: Facilities Agreement Musharakah Mutanaqisah

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