Examples of Bank Savings Participant in a sentence
In addition, in circumstances where the set-off by operation of law does not apply, there is a considerable risk that the Borrower will, or in cases where the Bank Savings Participant is also the originator, the Borrower will be entitled to set off amounts due by the Bank Savings Participant under the Bank Savings Deposit, with the relevant Bank Savings Mortgage Receivable.
To mitigate the risk of set-off or defenses with respect to Bank Savings Mortgage Loans, the Security Trustee and the Bank Savings Participant have entered into the Bank Savings Participation Agreement.
If the Bank Savings Participant is no longer able to meet its obligations in respect of the relevant Bank Savings Account, for example as a result of bankruptcy, this could result in the balance standing to the credit of the relevant Bank Savings Account either not, or only partly, being available for application in reduction of the Mortgage Receivable.
The amounts payable by the CBC under or in connection with this Agreement to the Bank Savings Participant shall be limited to the Bank Savings Participation Redemption Available Amount or, as the case may be, the Bank Savings Participation Enforcement Available Amount received or collected, whether or not by means of enforcement of the Security Trustee Receivables Pledge Agreement, under the relevant Bank Savings Mortgage Receivables by the CBC or, as the case may be, the Security Trustee.
Each Bank Savings Mortgage Loan has the benefit of the balances standing to the credit of the relevant Bank Savings Account, which is held with the Bank Savings Participant.
If the CBC decides not to institute legal proceedings or not to contest a defence, it shall, upon the request of the Bank Savings Participant, assign to the Bank Savings Participant its rights vis-à-vis the relevant Borrower relating to the (part of the) relevant Bank Savings Mortgage Receivable which is subject to a Bank Savings Participation in respect of which a defence is invoked.
By signing this Agreement each of the CBC and the Bank Savings Participant confirms that notification of this Agreement and the right of pledge of the Bank Savings Participation Rights have been made in accordance with Article 3:236(2) of the Dutch Civil Code.
The amount of the Bank Savings Participation is equal to the amounts of Bank Savings Deposit received by the CBC plus the accrued yield on such amount (see section Participation Agreements below), provided that the Bank Savings Participant will have paid all amounts equal to the amounts due under the Bank Savings Participation Agreement to the CBC.
The Bank Savings Mortgage Loans have the benefit of the amounts standing to the credit of the Bank Savings Accounts held with the Bank Savings Participant (being the same legal entity as the Transferor).
Furthermore, the Bank Savings Participant shall in so far as possible not pay any amount due with respect to the Bank Savings Mortgage Receivables to the Borrowers, but to the CBC, by way of set-off.