Xxxxxxxx’s duty to approach the Bank. The Borrower shall promptly inform the Bank in writing of the happening of any event which will or will likely cause the Borrower to be unable to comply with the Borrower’s obligations pursuant to this Agreement or the Letter of Offer including repaying the Indebtedness (“the Borrower’s Application”). The Bank at its discretion, will consider the Borrower’s Application in determining the next course of action in respect of the Borrower, having regard to applicable standards of fair treatment and the circumstances of the Borrower. Taking into consideration the notification by the Borrower should also not preclude the Bank from exercising its rights and remedies under this Agreement.
