Common use of Statutory Lien Clause in Contracts

Statutory Lien. Unless prohibited by law, you pledge and grant as security for all obligations you may have, now or in the future, all shares and dividends in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn, unless you are in default. Except as limited by Federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you. Security Interest Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by Federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time. Enforcement You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses, including attorneys’ fees, from your account without prior notice to you. In addition, if we bring legal action to collect any amount due or to enforce this Agreement, we shall be entitled, subject to applicable law, to reasonable attorney fees and costs, including any fees on any appeal, bankruptcy proceeding, and any post-judgment collection actions. If you bring legal action against us, and we prevail, we will be entitled to recover all costs of our defense, including, but not limited to, court costs and attorneys’ fees. If any demand or action is brought against us by a third party, we shall be entitled to any and all cost of defense, including, but not limited to, settlement and attorneys’ fees. Legal Action We may withdraw funds from your account, place a hold on funds in your account, or disclose information about your account if in good faith we believe we must do so in order to comply with a subpoena, search warrant, garnishment summons, writ of attachment, writ of execution, order to enjoin, temporary restraining order, order or seizure, levy, tax levy, or any other judicial or administrative action. In our sole discretion and as permitted by law we may, prior to releasing funds or information about your account, exercise our right to set off the funds held in such account to pay any due and payable debt that you or your joint owners owe to us, or exercise any lien or security interest which we have in the funds held in such account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds including the placement of a hold on the funds. Any fees or expenses we incur in responding to any such legal action (including without limitation attorneys’ fees and our internal expenses) may be charged against your account.

Appears in 3 contracts

Samples: Trustone Financial Service Agreement, Trustone Financial Service Agreement, Trustone Financial Service Agreement

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Statutory Lien. Unless prohibited by law, you pledge and grant as security for all obligations you may have, now or in the future, all shares and dividends in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn, unless you are in default. State law gives us a lien on all shares, dividends and deposits in accounts you have with us now and in the future. Except as limited by Federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you. Security Interest Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by Federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time. Enforcement You are liable to us for any lossesEarly Withdrawal Penalties We may impose early withdrawal penalties on a withdrawal from a certificate account even if you don’t initiate the withdrawal. For instance, costs, the early withdrawal penalty may be imposed if the withdrawal is caused by our right of setoff against funds in the account or expenses we incur resulting from your failure to follow this Agreementas a result of an attachment or other legal process such as a levy or garnishment. You authorize us to deduct any such losses, costs, or expenses, including attorneys’ fees, from We may close your account without prior notice to you. In addition, if we bring legal action to collect any amount due or to enforce this Agreement, we shall be entitled, subject to applicable law, to reasonable attorney fees and costs, including any fees impose the early withdrawal penalty on any appeal, bankruptcy proceeding, and any post-judgment collection actions. If you bring legal action against us, and we prevail, we will be entitled to recover all costs of our defense, including, but not limited to, court costs and attorneys’ fees. If any demand or action is brought against us by a third party, we shall be entitled to any and all cost of defense, including, but not limited to, settlement and attorneys’ fees. Legal Action We may withdraw funds from your account, place a hold on funds in your account, or disclose information about your the entire account if in good faith we believe we must do so in order to comply with a subpoena, search warrant, garnishment summons, writ of attachment, writ of execution, order to enjoin, temporary restraining order, order or seizure, levy, tax levy, or any other judicial or administrative action. In our sole discretion and as permitted by law we may, prior to releasing funds or information about your account, exercise our right to set off the funds held in such account to pay any due and payable debt that you or your joint owners owe to us, or exercise any lien or security interest which we have balance in the funds held in such account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds including the placement event of a hold on the funds. Any fees or expenses we incur in responding to any such legal action (including without limitation attorneys’ fees and our internal expenses) may be charged against your accountpartial early withdrawal.

Appears in 2 contracts

Samples: Account Agreement, www.wingsfinancial.com

Statutory Lien. Unless prohibited by law, you pledge and grant as security for all obligations you may have, now or in the future, all shares and dividends in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn, unless you are in default. Except as limited by Federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you. Security Interest Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by Federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time. Enforcement You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses, including attorneys’ fees, from your account without prior notice to you. In addition, if we bring legal action to collect any amount due or to enforce this Agreement, we shall be entitled, subject to applicable law, to reasonable attorney fees and costs, including any fees on any appeal, bankruptcy proceeding, and any post-judgment post‐judgment collection actions. If you bring legal action against us, and we prevail, we will be entitled to recover all costs of our defense, including, but not limited to, court costs and attorneys’ fees. If any demand or action is brought against us by a third party, we shall be entitled to any and all cost of defense, including, but not limited to, settlement and attorneys’ fees. Legal Action We may withdraw funds from your account, place a hold on funds in your account, or disclose information about your account if in good faith we believe we must do so in order to comply with a subpoena, search warrant, garnishment summons, writ of attachment, writ of execution, order to enjoin, temporary restraining order, order or seizure, levy, tax levy, or any other judicial or administrative action. In our sole discretion and as permitted by law we may, prior to releasing funds or information about your account, exercise our right to set off the funds held in such account to pay any due and payable debt that you or your joint owners owe to us, or exercise any lien or security interest which we have in the funds held in such account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds including the placement of a hold on the funds. Any fees or expenses we incur in responding to any such legal action (including without limitation attorneys’ fees and our internal expenses) may be charged against your account.

Appears in 1 contract

Samples: Trustone Financial Service Agreement

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Statutory Lien. Unless prohibited by law, you pledge and grant as security for all obligations you may have, now or in the future, all shares and dividends in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn, unless you are in default. Except as limited by Federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you. Security Interest Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by Federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time. Enforcement You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses, including attorneys’ fees, from your account without prior notice to you. In addition, if we bring legal action to collect any amount due or to enforce this Agreement, we shall be entitled, subject to applicable law, to reasonable attorney fees and costs, including any fees on any appeal, bankruptcy proceeding, and any post-post- judgment collection actions. If you bring legal action against us, and we prevail, we will be entitled to recover all costs of our defense, including, but not limited to, court costs and attorneys’ fees. If any demand or action is brought against us by a third party, we shall be entitled to any and all cost of defense, including, but not limited to, settlement and attorneys’ fees. Legal Action We may withdraw funds from your account, place a hold on funds in your account, or disclose information about your account if in good faith we believe we must do so in order to comply with a subpoena, search warrant, garnishment summons, writ of attachment, writ of execution, order to enjoin, temporary restraining order, order or seizure, levy, tax levy, or any other judicial or administrative action. In our sole discretion and as permitted by law we may, prior to releasing funds or information about your account, exercise our right to set off the funds held in such account to pay any due and payable debt that you or your joint owners owe to us, or exercise any lien or security interest which we have in the funds held in such account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds including the placement of a hold on the funds. Any fees or expenses we incur in responding to any such legal action (including without limitation attorneys’ fees and our internal expenses) may be charged against your account.

Appears in 1 contract

Samples: Trustone Financial Service Agreement

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