Funds Transfer Agreement. The Pledgor hereby acknowledges and agrees that pursuant to a Funds Transfer Agreement dated 10 March 2008 as amended by a Supplemental Funds Transfer Agreement as of the date of this Agreement (the “Funds Transfer Agreement”) entered into between the Beneficiary and ARCH Digital Holdings Limited (“ARCH”), (i) if the Beneficiary is entitled to exercise its rights under Section 5.2 of this Agreement (the “Beneficiary Rights”) and upon occurrence of an event of default under the Funds Transfer Agreement, ARCH shall be entitled to, at its absolute discretion and by delivering a written notice to the Beneficiary, request the Beneficiary to exercise the Beneficiary’s Rights and procure the transfer of all right, title and interest in the Pledged Interests to ARCH; and (ii) if the Beneficiary fails to exercise the Beneficiary’s Rights within 14 days from the date of ARCH’s written notice, the Beneficiary appoints ARCH to be its attorney (with full power of substitution) and in its name or otherwise on its behalf and as its act and deed to sign, seal, execute, deliver, perfect and do all deeds, instruments, acts and things which may be required or which ARCH shall think proper or expedient for carrying out any obligations imposed on the Beneficiary under the Funds Transfer Agreement.
Funds Transfer Agreement. On the Effective Date the Pool Funds Administrator, the Pool Banker, each Pool Member and NGC (in each case as at such date) entered into the Funds Transfer Agreement.
Funds Transfer Agreement. In the event funds transfer instructions are given (other than in writing at the time of the execution of this Agreement), whether in writing, or by telecopier, the Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Exhibit B hereto, and the Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated. Each funds transfer instruction shall be executed by an authorized signatory, a list of such authorized signatories is set forth on Exhibit B. The undersigned is authorized to certify that the signatories on Exhibit B are authorized signatories. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by the Escrow Agent. The parties hereto acknowledge that such security procedure is commercially reasonable. It is understood that the Escrow Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary’s bank or (iii) an intermediary bank. The Escrow Agent may apply funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary’s bank, or an intermediary bank, so designated.
Funds Transfer Agreement. In the event funds transfer ------------------------ instructions are given (other than in writing at the time of the execution of the Agreement), whether in writing, by telecopier or otherwise, the Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Attachment C hereto, and the Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by the Escrow Agent. The parties to the Agreement acknowledge that such security procedure is commercially reasonable. It is understood that the Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary's bank or (iii) an intermediary bank. The Escrow Agent may apply funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary's bank, or an intermediary bank, designated.
Funds Transfer Agreement. Notwithstanding anything to the contrary set forth in Section 9, any instructions setting forth, claiming, containing, objecting to, or in any way related to the transfer or distribution of the Escrow Funds or any portion thereof, including but not limited to any such funds-transfer instructions set forth in a joint written instruction permitted pursuant to Section 5 of this Agreement, may be given to the Escrow Agent only by confirmed facsimile and no instruction for or related to the transfer or distribution of the Fund, or any portion thereof, shall be deemed delivered and effective unless the Escrow Agent actually shall have received such instruction by facsimile at the number provided to the Escrow Parties by the Escrow Agent in accordance with Section 9 and as further evidenced by a confirmation by the Escrow Agent of receipt of such facsimile transmission.
Funds Transfer Agreement. This Agreement is in addition to, and does not modify, any other agreements we may have with you. Introduction – This portion of the Deposit Agreement applies to wire transfers, and internal transfers between accounts at the Bank (“Funds Transfers”). In this Agreement “Cash Management” refers to any PC-based or Internet-based funds transfer initiation program offered by the Bank. The terms and conditions in this Agreement, in conjunction with the information contained in the Funds Transfer Designation and Authorization and addenda, govern: • our policies for verifying and completing funds transfers; • the rules that affect funds transfers; • your rights and responsibilities; and • our rights and responsibilities.
Funds Transfer Agreement. Any instructions setting forth, claiming, containing, objecting to, or in any way related to the transfer or distribution of funds, including but not limited to any such funds transfer instructions that may otherwise be set forth in a written instruction permitted pursuant to Section 5 of this Escrow Agreement, may, unless such requirement is waived by the Escrow Agent, be given to the Escrow Agent only by PDF attached to an email, nationally recognized courier service, facsimile and no instruction for or related to the transfer or distribution of the Escrow Funds, or any portion thereof, shall, unless such requirement is waived by the Escrow Agent, be deemed delivered and effective unless the Escrow Agent actually shall have received such instruction by facsimile at the number provided to the Parties by the Escrow Agent in accordance with Section 9. In the event funds transfer instructions are given (other than in writing at the time of the execution of this Escrow Agreement) by PDF attached to an email, nationally recognized courier service or facsimile, the Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule 5 hereto, and the Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated. Each funds transfer instruction shall be executed by an authorized signatory; a list of such authorized signatories is set forth on Schedule 5. The undersigned is authorized to certify that the signatories on Schedule 5 are authorized signatories. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by the Escrow Agent. The Parties hereto acknowledge that such security procedure is commercially reasonable. It is understood that the Escrow Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (a) the beneficiary, (b) the beneficiary’s bank or (c) an intermediary bank. The Escrow Agent may apply funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary’s bank, or an intermediary bank, so designated.
Funds Transfer Agreement. The following terms apply to all Funds Transfer requests, including Internal Funds Transfers, Inter Institution Transfers and External Funds Transfers.
Funds Transfer Agreement a) I/We agree that any transfer request or instruction should be given in writing signed by the Authorised Signatory(ies). Bank do not accept instructions by facsimile, email or over the telephone, unless agreed to this in writing.
Funds Transfer Agreement. In the event funds transfer instructions are given (other than in writing at the time of the execution of the Agreement), whether in writing, by telecopier or otherwise, the Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule A hereto, and the Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by the Escrow Agent. The parties to the Agreement acknowledge that such security procedure is commercially reasonable. It is understood that the Escrow Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary’s bank or (iii) an intermediary bank. The Escrow Agent may apply funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary’s bank, or an intermediary bank.
