BNS Clause Samples
The BNS (Buyer's Name Substitution) clause allows the buyer to substitute their name with another party's name in the contract, typically before the transaction is finalized. In practice, this means the buyer can assign their rights and obligations under the agreement to a third party, such as an affiliate or nominee, without requiring the seller's prior consent. This clause is commonly used in real estate or commercial transactions to provide flexibility for buyers who may wish to transfer their interest for strategic, tax, or organizational reasons. Its core function is to facilitate smoother transactions by accommodating changes in the purchasing party without disrupting the overall deal.
BNS. Each of the Financial Institutions acknowledges that BNS acts, or may in the future act, (i) as Agent for the Purchasers, (ii) as Managing Agent for Liberty Street Funding LLC (“Liberty”) or any Financial Institution in BNS’s Purchase Group, (iii) as issuing and paying agent for Liberty’s Commercial Paper, (iv) to provide credit or liquidity enhancement for the timely payment for Liberty’s Commercial Paper and (v) to provide other services from time to time for any of the Purchasers, any Financial Institution, Seller, the Originators and Affiliates (collectively, the “BNS Roles”). Without limiting the generality of this Section 14.13, each Financial Institution hereby acknowledges and consents to any and all BNS Roles and agrees that in connection with any BNS Role, BNS may take, or refrain from taking, any action that it, in its discretion, deems appropriate, including, without limitation, in its role as administrative agent for Liberty, and the giving of notice to the Agent of a mandatory purchase pursuant to a Liquidity Agreement.
BNS. BNS is a private limited company incorporated in Malaysia. BNS is a one-stop centre for defense and maritime needs. Covering an area of 46 hectares, it was originally known as the Royal Malaysia Navy Dockyard became fully operational in 1984. BNS was corporatized in 1991 and subsequently privatized in 1995 as PSC Naval Dockyard Sdn Bhd. In 2005, BNS was taken over by Boustead Holdings Berhad, a diversified Malaysian business conglomerate belonging to the Armed Forces Provident Fund, and the company’s name was changed in August of the same year to Boustead Naval Shipyard Sdn. Bhd. Strategically located within the main base of Royal Malaysian Navy, Lumut, Perak. BNS is part of the Boustead Heavy Industries Corporation (“BHIC”), a public listed company on the Main Market of the Bursa Malaysia Securities Berhad, along with its other associated companies, Boustead Penang Shipyard and Boustead Langkawi Shipyard.
BNS. Holdco, as the holder of the certificate (the “Holdco Sub Common Stock Certificate”) that immediately prior to the Effective Time evidences the outstanding shares of Holdco Sub Common Stock may, at Holdco’s option, surrender the same to the Surviving Corporation for cancellation, and Holdco shall be entitled to receive from the Surviving Corporation in exchange therefor a certificate representing and evidencing the shares of Surviving Corporation Common Stock into which Holdco’s Outstanding Holdco Sub Common Shares shall have been converted; until surrendered, the Holdco Sub Common Stock Certificate shall represent and evidence the shares of Surviving Corporation Common Stock into which shares of outstanding Holdco Sub Common Stock theretofore represented and evidenced thereby shall have been converted pursuant to Section 2.1 hereof.
BNS pdf Agreement Signature Form PART 1 ONLY _9-210603_Agreement_Signature_Form_PART_1_ONLY.bns.pdf Pricing Form 1 PART 1 ONLY 4-210603 Pricing Form 1 PART 1 ONLY ( 2).xlsx Vendor Agreement PART 2 ONLY 8-210603 Vendor Agreement PART 2 ONLY (1).bns.pdf Agreement Signature Form PART 2 ONLY 15-210603 Agreement Signature Form PART 2 ONLY,bns.pdf Pricing Form 2 PART 1 ONLY 6-210603 Pricing Form 2 PART 1 ONLY.bn.xlsx Warranty Craftsman Ship 2-yr Warranty.pdf OPTIONAL - PART 2 - JOC Pricing of Itemized List of RS Means Non- Prepriced Items
BNS. Buyer ordered a large quantity of chicken from the seller, “US fresh frozen chicken, grade A”. ▇▇▇▇▇ claimed “chicken” meant frying chicken, and seller denied breach for delivering stewing chicken. Price term for cheaper chicken supported seller’s argument since the larger birds were sold below market price for frying chickens. Buyer lost because was not able to prove the narrower meaning. UCC 2-312,314,315 imply certain minimum warranties that a seller makes under defined circumstances regarding title to and quality of goods UCC 2-305 infers that unspecified price of goods are agreed to at a reasonable price unless the apparent intent of the agreement is otherwise UCC 2-307 and 2-310 assumed a C.O.D. sale (cash on delivery; pay upon receipt) if payment terms are not expressed UCC 2-307, 308, 309 require that the goods be delivered in a single lot at the seller’s place of business within a reasonable time in requirement/output contract UCC 2-306(2) implies obligation of best efforts on both parties when the contract imposes an obligation on one of them to deal exclusively with the other RS205 mandatory obligation to perform and contract reasonably and in good faith Agreements to Record in Writing: consider other evidence such as if the writing was merely a formality but everything was agreed to orally, or the parties did not intend to be bound until a writing which would incorporate other terms. Total Ambiguity and Misunderstanding: parties have diametrically opposite understandings of a term, each interpretation is entirely reasonable, no basis for preferring one over the other. If the uncertainty relates to a material element of the agreement, no contract can be formed.