Common use of Clearing Items Clause in Contracts

Clearing Items. During the ninety (90) day period following the -------------- Closing Date, if it is not possible to clear checks and other items drawn on the Assumed Deposit Accounts through Buyer's then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on the Assumed Deposits to Buyer, via courier, at Buyer's expense, no later than the next Business Day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement. Upon the expiration of such ninety (90) day period, Seller shall cease forwarding checks and other debits against Assumed Deposit Accounts and return them to the originators marked "Return for Better Routing". During such ninety (90) day period, Buyer will not be obligated to pay Seller for any item processed. After ninety (90) days from the Closing Date, Buyer will pay Seller $2.50 for each item returned by Seller. Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of large items.

Appears in 1 contract

Sources: Stock Transfer and Branch Sale Agreement (Enb Bankshares Inc)

Clearing Items. During the ninety (90) -day period following the -------------- Closing Datedate of Closing, if it is not possible to clear checks and other items drawn on the Assumed a Deposit Accounts account through Buyer's Purchaser’s then current clearing procedures, Seller will provide on or before Noon of that day, a list of all items presented and the amount thereof. No later than 2:00 p.m. the same day, Purchaser will verbally notify Seller if any of such items should not be paid, and will notify Seller in writing within one business day thereafter of such fact. With respect to any items presented other than those Purchaser notifies Seller should not be paid, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on the Assumed Deposits such Deposit to Buyer, via courier, at Buyer's expensePurchaser, no later than the next Business Day business day after receipt thereof, and Buyer Purchaser will reimburse Seller for such provisional settlement. Upon the expiration of such ninety (90) -day period, Seller shall cease forwarding checks and other debits against Assumed the Deposit Accounts accounts and return them to the originators marked "Return for Better Routing". During such ninety (90) day period, Buyer will not be obligated “Refer to pay Seller for any item processed. After ninety (90) days from the Closing Date, Buyer will pay Seller $2.50 for each item returned by SellerMaker”. Upon timely presentation to BuyerPurchaser, Buyer Purchaser will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of large items.

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Texas Regional Bancshares Inc)

Clearing Items. During the ninety sixty (9060) day period following the -------------- Closing Date, if it is not possible to clear checks and other items drawn on the Assumed Deposit Accounts through Buyer's then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on the Assumed Deposits to Buyer, via courier, at Buyer's expense, no later than the next Business Day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement. Upon the expiration of such ninety sixty (9060) day period, Seller shall cease forwarding checks and other debits against Assumed Deposit Accounts and return them to the originators marked "Return for Better RoutingAccount Closed". During such ninety this sixty (9060) day period, Buyer will not be obligated to pay Seller for any item processed, but after such ninety day period, Buyer will pay Seller $0.05 for each item processed by Seller. After ninety sixty (9060) days from the Closing Date, Buyer will pay Seller $2.50 1.00 for each item returned by Seller. Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of large items.

Appears in 1 contract

Sources: Branch Purchase and Assumption Agreement (Surety Capital Corp /De/)

Clearing Items. During the ninety (90) day period following the -------------- Closing Date, if it is not possible to clear checks and other items drawn on the Assumed Deposit Accounts through Buyer's then current clearing procedures, Seller will shall make provisional settlement to the presenting institution and will shall forward such checks and other items on the Assumed Deposits to Buyer, via courier, at Buyer's expense, no later than the next Business Day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement. Upon the expiration of such ninety (90) day period, Seller shall cease forwarding checks and other debits against Assumed Deposit Accounts and return them to the originators marked "Return for Better Routing". Refer to Maker." During the first forty-five (45) days of such ninety (90) day period, Buyer will shall not be obligated to pay Seller a fee for any item processed. After ninety , but after such forty-five (9045) days from the Closing Dateday period, Buyer will shall pay Seller $2.50 0.10 for each item returned processed by Seller. Upon timely presentation to Buyer, Buyer will shall assume all responsibility for such items (except for such items that which have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to including, without limitation, determining whether to honor or dishonor such items and giving any required notification for the return of large items.

Appears in 1 contract

Sources: Branch Purchase and Assumption Agreement (Surety Capital Corp /De/)