Common use of Overrun Clause in Contracts

Overrun. In the absence of an overdraft facility, the account is intended to operate solely with a credit balance and the Account Holder undertakes to maintain a credit balance on their account at all times. All debit transactions on the account shall, in principle, only be performed, unless otherwise and previously agreed, up to the available balance. However the Bank may, exceptionally, tolerate an overrun of the available balance on the Account Holder’s account in order to prevent certain payment orders from not being executed. The Account Holder will be informed of such overrun by notice issued in hard copy or any other durable medium. Where notice is issued by telephone, fax, email or post, the Account Holder shall take personal responsibility for the confidentiality of the information thereby transmitted and releases the Bank from any liability in this regard. Such tolerance shall under no circumstances constitute any entitlement to maintain or occasionally repeat such debit, which must be reimbursed immediately. The Bank may at any time end such tolerance and bring legal action to recover its claim, subject to issuing formal notice by registered letter to which no satisfactory response has been received within one month. The amount of the overrun will bear interest, ipso jure and without formal notice, in favour of the Bank, at the borrowing rate (for overruns) applied by the Bank for the currencies concerned during the period in which the account was in debit, as stated in the Schedule of Fees and Charges. Interest shall be calculated on the exact number of days during which the account is in debit, on the basis of a 365-day year, and will be calculated and debited at the quarter end. Furthermore, the Bank reserves the right to claim late payment interest and fees for issuing reminder letters and formal notice, as stated in the Schedule of Fees and Charges. The above provisions shall also apply if a pre- authorized overdraft facility is overrun. Lastly, if the overrun is not settled within one month of formal notice having been issued by registered letter, the Bank reserves the right to claim compensation based on the amount of the overrun. Such compensation amounts to 10% of the tranche of the overrun up to and including EUR 7,500, and 5% of the tranche of the overrun over and above EUR 7,500.

Overrun. In the absence of an overdraft facility, the account is intended to operate solely with a credit balance and the Account Holder undertakes to maintain a credit balance on their account at all times. All debit transactions on the account shall, in principle, only be performed, unless otherwise and previously agreed, up to the available balance. However the Bank may, exceptionally, tolerate an overrun of the available balance on the Account Holder’s account in order to prevent certain payment orders from not being executed. The Account Holder will be informed of such overrun by notice issued in hard copy or any other durable medium. Where notice is issued by telephone, fax, email or post, the Account Holder shall take personal responsibility for the confidentiality of the information thereby transmitted and releases the Bank from any liability in this regard. Such tolerance shall under no circumstances constitute any entitlement to maintain or occasionally repeat such debit, which must m ust be reimbursed immediately. The Bank may at any time end such tolerance and bring legal action to recover its claim, subject to issuing formal notice by registered letter to which no satisfactory response has been received within one month. The amount of the overrun will bear interest, ipso jure and without formal notice, in favour of the Bank, at the borrowing rate (for overruns) applied by the Bank for the currencies concerned during the period in which the account was in debit, as stated in the Schedule of Fees and Charges. Interest shall be calculated on the exact number of days during which the account is in debit, on the basis of a 365-day year, and will be calculated and debited at the quarter end. Furthermore, the Bank reserves the right to claim late payment interest and fees for issuing reminder letters and formal notice, as stated in the Schedule of Fees and Charges. The above provisions shall also apply if a pre- authorized overdraft facility is overrun. Lastly, if the overrun is not settled within one month of formal notice having been issued by registered letter, the Bank reserves the right to claim compensation based on the amount of the overrun. Such compensation amounts to 10% of the tranche of the overrun up to and including EUR 7,500, and 5% of the tranche of the overrun over and above EUR 7,500.