By Bank. Employee can be terminated by the Bank’s Board of Directors or CEO at any time by written notice during the term of this Agreement for “Cause” or for any other reason. For purposes of a termination for Cause, Cause shall mean any termination because of Employee’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule, or regulation (other than traffic violations or similar offenses) or final cease and desist order, or material breach of any provision of this contract. Should Employee be terminated for Cause under this provision, Employee will not be eligible to receive any further compensation or benefits for any period after such termination.
By Bank. We may terminate your use of Online Banking, Mobile Banking, or Online Banking with Xxxx Pay, in whole or in part, at any time without prior notice. We will try to notify you in advance, but We are not obligated to do so. If your Xxxx Pay Service is not used for three consecutive months we reserve the right to cancel your Xxxx Pay Service.
By Bank. Account Name: Primefield Group Pte Ltd Account No.: 000-000-000 Currency: USD Bank Name: OCBC Bank Bank Branch: OCBC Toa Payoh Central Branch Bank Address: 000 Xxx Xxxxx Xxxxxx 0 #00-00/00, Xxxxxxxxx 000000 Swift Code: XXXXXXXX Bank Code: 7339 Branch Code: 526 Cryptocurrency Wallet: Smart Contract Addresses: Bitcoin - 1Q3TXAZJU5RuLk8WpCBbESAGjVta5SQNJZ Ether - 0xaaae7988Ccf19C9FEC65D1ee5b7bEe5300f3568c Bitcoin Cash - qr7vrh8q0du2tjx4xm52xdduxag926tksqz20mas9v
By Bank. At any such termination of Borrower's authority, which Bank shall have the right to do at any time after occurrence and continuation of a default, Bank shall have the right to send notice of assignment and/or notice of Bank's security interest to any and all Account Debtors or any third party holding or otherwise concerned with any of the Accounts Receivable and Inventory and thereafter Bank shall have the sole right to collect the Accounts Receivable and/or take possession of Accounts Receivable and the books, records and systems relating thereto. All of Bank's collection expenses shall be charged to Borrower's account and added to the obligations. Bank shall have the right to receive, endorse, and assign and/or deliver in Bank's name or Borrower's any and all checks, drafts, and other instruments for the payment of money relating to Accounts Receivable, and Borrower hereby waives notice of presentment, protest and non-payment of any instrument so endorsed. Borrower hereby constitutes Bank or Bank's designee as Borrower's attorney-in-fact with power to endorse Borrower's name upon any notes, acceptances, checks drafts, money orders, or other evidences of payment or Accounts Receivable and Inventory that may come into Bank's possession; to sign Borrower's name on any invoice or bill xx lading relating to any of the Accounts Receivable, drafts against customers, assignments and verifications of Accounts Receivable and notices to customers; to send verifications of Accounts Receivable to any Account Debtor; to notify the Post Office authorities to change the address for delivery of mail addressed to the undersigned to such address as Bank may designate; to do all other acts and things necessary to carry out this Borrowing Base Agreement. All acts of said attorney or designee are hereby ratified and approved, and said attorney or designee shall not be liable for any acts of omission or commission, nor for any error of judgment or mistake of fact or law; this power being coupled with an interest is irrevocable while advances made pursuant to this Borrowing Base Agreement remain unpaid. Bank may, without notice to or consent from Borrower, sue xxxn or otherwise collect, extend the time of payment of, or compromise or settle for cash, credit or otherwise upon any terms, any of the Accounts Receivable or any securities, instruments or insurance applicable thereto and/or release the obligor thereon. Bank is authorized and empowered to accept the return of the good...
By Bank. Bank hereby represents and warrants to Zale as follows:
By Bank. Bank agrees to protect, indemnify and hold Filene's Basement and its Affiliates and their officers, directors and employees harmless against and in respect of any and all liabilities, expenses (including attorney fees), judgments, damages, claims, actions or proceedings by whomsoever asserted arising out of, connected with or resulting from any act or omission of any of Bank's employees, officers, directors, agents or licensees, or any breach by Bank of the terms, covenants, warranties, conditions or other provisions hereof or obligations hereunder, or contained in any other instrument or document delivered by Bank in connection herewith, or pursuant hereto, or, if made by a non-party to this Agreement, any claim, demand, allegation, offset, defense or counterclaim which, if true or proven, would constitute such a breach.
By Bank. Bank shall pay for, and indemnify, defend, and hold harmless Purchaser (and its Affiliates and assigns) and any officer, director, employee or agent of any of the foregoing (herein, individually referred to as a “Bank Indemnified Person” and collectively referred to as the “Bank Indemnified Persons”) against, any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and legal expenses and sums paid, liabilities incurred or expenses paid or incurred in connection with settling claims, suits or judgments or obtaining or attempting to obtain release from liability under this Agreement (collectively, “Loss”), which such Bank Indemnified Person may sustain or incur by reason of any breach of any representation, warranty or covenant of Bank contained herein or any act of gross negligence or willful misconduct of Bank occurring prior to the Purchase Date. Notwithstanding the foregoing, the obligation of the Bank to indemnify Purchaser, and Purchaser’s right to make a claim against Bank for indemnification under Article VIII, shall terminate five years from the date hereof or expiration of the applicable statute of limitations, whichever is the later to occur; provided that the obligation of Bank to indemnify Purchaser, and Purchaser’s right to make a claim against Bank for indemnification under Article VIII, for breaches of covenants solely to be performed or complied with at or prior to the Purchase Date shall terminate one year after the Purchase Date. Notwithstanding the foregoing, any obligation to indemnify and hold harmless pursuant to this Article VIII hereof shall not terminate with respect to any item as to which any Bank Indemnified Person shall have, before the expiration of the applicable survival period, previously made a bona fide claim by delivering notice of such claim to the Bank indemnifying party in accordance with Article VIII until final resolution of such claim. This section shall survive any termination of this Agreement.
By Bank. The Bank shall, and shall cause any Representative engaged thereby, to immediately cease and cause to be terminated all existing discussions or negotiations with any person conducted heretofore with respect to any Acquisition Proposal and request the prompt return or destruction of all confidential information previously furnished. Notwithstanding the foregoing, at any time prior to obtaining the Shareholder Approval, in response to a bona fide written Acquisition Proposal that the Bank Board in good faith reasonably determines (after consultation with outside legal counsel and a financial advisor of nationally recognized reputation) (i) it is legally necessary for the proper discharge of its fiduciary duties to respond to such Acquisition Proposal and (ii) such Acquisition Proposal constitutes or is reasonably likely to lead to a Superior Proposal, and which Acquisition Proposal was made after the date hereof and did not otherwise result from a breach of this Section 6.3(a), the Bank may, subject to compliance with Section 6.3(c), (x) furnish information with respect to the Bank to the person making such Acquisition Proposal (and its Representatives) pursuant to a customary confidentiality agreement not less restrictive to such person than the confidentiality provisions of the Confidentiality Agreement, provided that all such information has previously been provided to Parent or is provided to Parent prior to or substantially concurrent with the time it is provided to such person, and (y) participate in discussions or negotiations with the person making such Acquisition Proposal (and its Representatives) regarding such Acquisition Proposal.