Account Charge Agreement definition
Examples of Account Charge Agreement in a sentence
A copy of the major relied upon documents provided by Banco Bank i.e Account Charge Agreement and Credit Agreement have already been provided to the Noticees.
The transfer of proceeds was contrary to the alleged Account Charge Agreement.
The Company shall further register the Account Charge with the register of mortgages and charges of the Company, deliver a notice in relation to the Account Charge to the bank with which the Designated Account is opened and ensure that “Conditions of Consent to Account Charge” as set out in the Account Charge Agreement is duly executed by the Company and the bank with which the Designated Account is opened, each in accordance with the Account Charge Agreement.
Upon the earlier of (i) the Conversion Date (as defined in the Notes) and (ii) the date on which the Secured Liabilities have been irrevocably and unconditionally paid and discharged in full, the Security Agent shall release the Share Charges and the Account Charge in accordance with Section 15.1 of the Share Charge Agreements and Section 15.1 of the Account Charge Agreement.
Therefore, no knowledge of Account Charge Agreement could be attributed to Aptech more particularly when the instructions of Aptech were complied by Banco without any objection and without communicating to Aptech about its charge over such proceeds.
He has stated that he does not recollect signing the Account Charge Agreement.
It is unbelievable that Banco has transferred the GDR proceeds within few days of the credit of such proceeds notwithstanding the alleged execution of the Account Charge Agreement.
On a careful and combined examination of the contents of various clauses of the “Credit Agreement” and the “Account Charge Agreement”, the following observations are made:-a) The Account Charge Agreement was executed by Noticee No.2 on behalf of Noticee No.1 mainly to secure the obligations of the borrower i.e. Fusion, which was granted a loan for 6.5 million US$ by Banco Bank.
The above contention is also misplaced on facts of this case for the reason that the issue under exam ination have not the enforceability of the abovem entioned Account Charge Agreement for w ant of Company's seal or otherwise but w hether such arrangem ents w ere entered into or not and to that extent, the exam ination of materials on record and submissions so advanced leave no scope for any doubt that the Company had indeed executed the Account Charge Agreement through Noticee no.
Further, on examining the debits made from the said bank account of Cals and Honor, it is found that it was only after part payment by Honor of the amounts due under the Credit Agreement that Cals was able to withdraw funds from its bank account with Banco, in accordance with the terms of the Account Charge Agreement .