USING THE ACCOUNT Clause Samples
USING THE ACCOUNT. You may use the Account for: • Purchases; • Cash Advances; • Access to your other accounts at the Bank or our affiliates; and • Any other purpose that we agree to. The Primary Cardholder is responsible for and must pay us the Balance on the Account. If you want another Cardholder or any other person to repay you for any amount paid or owing on the Account, it is your responsibility, not the Bank’s, to make the appropriate arrangements with that Cardholder or other person. You must not allow any person other than a Cardholder to use the Account. If a Cardholder lets someone else use the Account or a Card, you are still responsible for any use of the Account or a Card, even if a Cardholder wanted to limit that use. We can let any Cardholder give us instructions for the Account without the approval of or notice to the other Cardholders. The Primary Cardholder can request us to issue a Card to any person without notice to any other person. We may limit the number of Cards issued on the Account. When you pay for goods and services using your Card number without using your Card or entering your PIN (for example by mail, telephone, Internet, mobile or any other electronic method), we will treat that use the same as if you had shown your Card. You may not use the Card before the valid from date or after the expiry date shown on the Card. However, if any amounts are charged to the Account before the valid from date or after the expiry date, the Primary Cardholder is responsible for, and must pay us those amounts. We can stop providing TD Visa Cheques at any time. We can also refuse to process any TD Visa Cheque. We do not allow stop payments on TD Visa Cheques. If you use the Card outside of Canada to withdraw cash from the Bank or with our affiliates, the withdrawal may be treated as a Cash Advance from the Account, rather than a cash withdrawal from your other account because of certain limitations in some countries. You agree not to use the Card or the Account for anything illegal or fraudulent. We may block use of the Card or the Account without telling you in advance if we suspect illegal, unauthorized or fraudulent use of the Account. This includes transactions relating to Internet gambling or where we have any other reasonable grounds to do so. You agree you will use the Card or the Account for personal, family or household purposes and not for business purposes. You should be aware that under U.S. Office of Foreign Asset Control (OFAC) regulations, customer...
USING THE ACCOUNT. The Account may be used for setting up Direct Debits, Standing Orders, and to make Faster Payments including Future Dated Payments subject to Account Limits. The Account can also be used for sending and receiving funds from another Account.
USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be made in writing or by telephone and confirmed in writing (including by facsimile or e‑mail) by the Company and, if required, Sun Capital Partners V, L.P. (the “Sun Guarantor”) and shall be sent to the Company’s Bank of Montreal Account Officer or Client Services Officer no later than 1:00 p.m. (Chicago time) on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited to the Company’s deposit account at BMO ▇▇▇▇▇▇ Bank N.A. unless the Lender is directed otherwise by special written directions from the Company. The amount of each Loan requested shall be at least the minimum amount shown above, and the Lender shall have the right to refuse to honor any Loan requested by the Company which is less than that minimum amount, even if the Lender has previously honored a Loan request for less than the minimum amount. The Company shall not request any Loan or letter of credit which, when taken together with the then Outstanding Obligations, would exceed the Maximum Credit. The Company shall furnish to the Lender certificates in the form of Exhibit A attached to the Sun Guaranty described in Section 4 hereof at the times set forth in the Sun Guaranty, properly completed and duly certified by the Sun Guarantor. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish the Lender a duly executed and completed Form U‑1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the Lender. In no event shall the proceeds of any Loans be utilized to finance participation in a hostile tender offer or similar transaction or to finance an acquisition of securities in anticipation of such a hostile transaction. Loans and letters of credit will be made available from the Loan Account subject to the Lender’s approval on a case-by-case basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory note payable to the order of the Lender in the form of Exhibit A attached he...
USING THE ACCOUNT. 7.1. Your Account can receive bank transfers and other payment types as added and notified to you by Us from time to time. Subject to clause 7.3, We will credit your Account when We receive the funds which could be up to three Business Days after the payment being instructed, depending on how the payment was sent.
7.2. Your Account can also receive internal transfers from other Accounts, which apply immediately.
7.3. An incoming payment will not be credited to your Account if:
7.3.1. the Account has reached the Account Maximum Balance or Account Limits; or
7.3.2. the Account is inactive or blocked or terminated; or
7.3.3. the sender has provided incorrect/invalid Account Details for your Account; or
7.3.4. We suspect the payment to be fraudulent.
7.4. If We are unable to credit your Account for any of the reasons in clause 7.3 then the funds may be sent back to the sender without a prior notification to you.
7.5. Your Account will be configured and operated by the Platform as your Account Manager. You agree that We may take instructions from the Platform in that capacity regarding the operation of your Account, including the creation of beneficiaries and instruction of payments, on your behalf. We have no liability for actions taken by the Platform. If you disagree with any actions taken by the Platform these should be discussed with the Platform.
7.6. Your Account can make payments out to external bank accounts via Faster Payments and other methods as added and notified to you from time to time.
7.7. A Transaction is deemed to be authorised by you, when you or your Account Manager enters the security information on Our Online Portal to confirm a Transaction is authorised, or when it is instructed via Our API with the relevant security credentials. Once the Transaction is confirmed, We cannot revoke the Transaction save for in those circumstances set out in clause 7.11 below.
7.8. The following Transactions may be withdrawn:
7.8.1. any Transaction which is agreed to take place on a date later than the date you authorised it, provided that notice is given no later than close of business on the business day before the Transaction was due to take place; and/or
7.8.2. Transactions due to take place on a future date.
7.9. If We refuse to execute a payment order to or to initiate a Transaction, We will, without undue delay and provided We are legally permitted to do so, notify you or your Account Manager of the refusal. If possible, We will provide the reasons f...
USING THE ACCOUNT. You can use the Card and your Account for Purchases, balance transfers, Cash Advances and any other transactions we allow you to complete up to the Credit Limit we establish for you. Cash Advances from ATMs may be limited by amount or frequency. You promise that you will use your Account only for lawful purposes. We reserve the right to deny transactions or authorizations from merchants apparently engaging in the internet gambling business or identifying themselves through the Card transaction record or otherwise as engaged in such business. We are not responsible if anyone does not allow you to use your Account. We may decline any transaction at any time.
USING THE ACCOUNT. If you are approved for an account, the Credit Union will establish a line of credit for you. By using the card for the first time, or authorizing another person to use your account, you agree to and accept all of the terms and conditions in this agreement. You agree that your credit limit is the maximum amount (purchases, cash advances, balance transfers, plus “other charges”) which you will have outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will not allow advances over the credit limit. If the Credit Union has a program whereby it allows payment of advances that exceed your credit limit, the Credit Union will provide you with notice, either orally, in writing, or electronically (notwithstanding the requirements of the paragraph entitled “Statements and Notices”) explaining your right to opt in to the Credit Union’s program whereby it will honor advance requests over the credit limit. In the event you opt in to such a program, you agree to the terms of such a program. You may request an increase in your credit limit only by a method acceptable to the Credit Union. The Credit Union may increase or decrease your credit limit, refuse to make an advance and/or terminate your account at any time for any reason not prohibited by law. If you are permitted to obtain cash advances on your account, we may, from time to time, issue convenience checks to you that may be drawn on your account. Convenience checks may not be used to make a payment on your account balance. If you use a convenience check, it will be posted to your account as a cash advance. We reserve the right to refuse to pay a convenience check drawn on your account for any reason and such refusal shall not constitute wrongful dishonor.
USING THE ACCOUNT. You agree that you will not use your card for any transaction that is illegal under applicable federal, state or local law. Your Account can be used to purchase goods and services from participating establishments (“Merchants”). When you make a Purchase by telephone or mail, you may not receive a receipt or have other documentation of the transaction. You agree to accept liability for Purchases you make or authorize to be made even though no documentation exists. You can use your Account to obtain cash either by presenting your Card at any financial institution that accepts the Card or by making a withdrawal of cash at an automatic teller machine (“ATM”), or by making a transfer through Online Banking, mobile banking, or our automated telephone system. These transactions are treated as Cash Advances on your Account. Your monthly statement will identify the merchant, electronic terminal or financial institution where transactions were made. Transaction documents will not be returned with the statement. You must retain your copy of such documents to verify your monthly statement. There is a charge for photocopies of the documents you request. We are not responsible if anyone refuses to honor your card, nor are we responsible for anything purchased with your Card.
USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be by telephone and confirmed in writing (including by facsimile) and shall be sent to the Company’s Bank of Montreal Account Officer or Client Services Officer no later than 1:00 p.m. on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited to the Company’s deposit account at the Bank unless the Bank is directed otherwise by special written directions from the Company. The amount of each Loan requested shall be at least the minimum amount shown above, and the Bank shall have the right to refuse to honor any Loan requested by the Company which is less than that minimum amount, even if the Bank has previously honored a Loan request for less than the minimum amount. The Company shall not request any Loan which, when taken together with the Loans then outstanding, would exceed the Maximum Credit. The Company shall furnish to the Bank certificates in the form of Exhibit A attached to the Guaranty described in Section 4 hereof at the times set forth in the Guaranty, properly completed and duly certified by Sun Capital Partners V, L.P. (the “Guarantor”). Loans will be made available from the Loan Account subject to the Bank’s approval on a case-by-case basis as and when Loans are requested by the Company. All Loans shall be made against and evidenced by the Company’s promissory note payable to the order of the Bank in the principal amount of $370,000,000, such note to be in the form of Exhibit A attached hereto (the “Note”). The Bank agrees that notwithstanding the fact that the Note is in the principal amount of $370,000,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and issued pursuant hereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Bank on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Bank shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Bank to record any of the ...
USING THE ACCOUNT. If you are approved for a VISA account, the Credit Union will establish a line of credit for you and notify you of it when the card is sent to you. You agree not to let your account balance exceed your approved credit limit. Each payment you make on the account will restore your credit limit by the amount of purchases and cash advances. You may request an increase in your credit limit only by written application which is approved by the Credit Union. The Credit Union has the right to reduce or terminate your credit limit at any time.
USING THE ACCOUNT. If you are approved for an account, the Credit Union will establish a line of credit for you. By using the card for the first time, or authorizing another person to use your account, you agree to and accept all of the terms and conditions in this Agreement. You agree that your credit limit is the maximum amount (purchases, cash advances, balance transfers, plus “other charges”) which you will have outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will not allow advances over the credit limit. If the Credit Union has a program whereby it allows payment of advances that exceed your credit limit, the Credit Union will provide you with notice, either orally, in writing, or electronically (notwithstanding the requirements of the paragraph entitled “Statements and Notices”) explaining your right to opt in to the Credit Union’s program whereby it will honor advance requests over the credit limit. In the event you opt in to such a program, you agree to the terms of such a program. You may request an increase in your credit limit only by a