Common use of SET-OFF AND LIEN Clause in Contracts

SET-OFF AND LIEN. a. ENBD Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD Capital KSA may have incurred on the Client's behalf. b. The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSA, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD Capital KSA, and are subject to a continuing general lien and security interest in ENBD Capital KSA's favor for the discharge of all of the Client's indebtedness and other obligations to ENBD Capital KSA, without regard to ENBD Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSA. c. ENBD Capital KSA shall have the right to transfer Investments so held to ENBD Capital KSA or to others whenever ENBD Capital KSA considers that such a transfer is necessary for the Client's protection and/or to remedy the Client's default. In enforcing the lien and other rights and remedies hereunder, ENBD Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary. d. The Client hereby authorizes ENBD Capital KSA in ENBD Capital KSA’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD Capital KSA or in ENBD Capital KSA's possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD Capital KSA may deem appropriate, and ENBD Capital KSA may do so without retaining in ENBD Capital KSA's possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD Capital KSA may receive and retain certain benefits from such activity to which the Client will not be entitled.

Appears in 3 contracts

Sources: Investment Account General Terms and Conditions, Investment Account General Terms and Conditions, Investment Services Agreement

SET-OFF AND LIEN. a. ENBD 29.1 NCB Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD NCB Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD NCB Capital KSA may have incurred on the Client's behalf. b. 29.2 The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSANCB Capital, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD NCB Capital KSA(including without limitation the indemnity in clause 9.4), and are subject to a continuing general lien and security interest in ENBD Capital KSANCB Capital's favor favour for the discharge of all of the Client's indebtedness and other obligations to ENBD Capital KSANCB Capital, without regard to ENBD NCB Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSANCB Capital. c. ENBD 29.3 NCB Capital KSA shall have the right to transfer Investments so held to ENBD NCB Capital KSA or to others whenever ENBD NCB Capital KSA considers that such a transfer is necessary for the Client's protection and/or to remedy the Client's default. In enforcing the lien and other rights and remedies hereunder, ENBD NCB Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary. d. 29.4 The Client hereby authorizes ENBD authorises NCB Capital KSA in ENBD Capital KSANCB Capital’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD NCB Capital KSA or in ENBD Capital KSANCB Capital's possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD NCB Capital KSA may deem appropriate, and ENBD NCB Capital KSA may do so without retaining in ENBD Capital KSANCB Capital's possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD NCB Capital KSA may receive and retain certain benefits from such activity to which the Client will not be entitled.

Appears in 2 contracts

Sources: General Terms of Business, General Terms of Business

SET-OFF AND LIEN. a. ENBD 29.1 NCB Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD NCB Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD NCB Capital KSA may have incurred on the Client's behalf. b. 29.2 The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSANCB Capital, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD Capital KSANCB Capital, and are subject to a continuing general lien and security interest in ENBD Capital KSANCB Capital's favor favour for the discharge of all of the Client's indebtedness and other obligations to ENBD Capital KSANCB Capital, without regard to ENBD NCB Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSANCB Capital. c. ENBD 29.3 NCB Capital KSA shall have the right to transfer Investments so held to ENBD NCB Capital KSA or to others whenever ENBD NCB Capital KSA considers that such a transfer is necessary for the Client's protection and/or to remedy the Client's default. In enforcing the lien and other rights and remedies hereunder, ENBD NCB Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary. d. 29.4 The Client hereby authorizes ENBD authorises NCB Capital KSA in ENBD Capital KSANCB Capital’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD NCB Capital KSA or in ENBD Capital KSANCB Capital's possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD NCB Capital KSA may deem appropriate, and ENBD NCB Capital KSA may do so without retaining in ENBD Capital KSANCB Capital's possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD NCB Capital KSA may receive and retain certain benefits from such activity to which the Client will not be entitled.

Appears in 2 contracts

Sources: General Terms of Business, General Terms of Business

SET-OFF AND LIEN. a. ENBD 29.1 NCB Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD NCB Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD NCB Capital KSA may have incurred on the Client's ’s behalf. b. 29.2 The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSANCB Capital, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD NCB Capital KSA(including without limitation the indemnity in clause 9.4), and are subject to a continuing general lien and security interest in ENBD Capital KSA's favor NCB Capital’s favour for the discharge of all of the Client's ’s indebtedness and other obligations to ENBD Capital KSANCB Capital, without regard to ENBD NCB Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSANCB Capital. c. ENBD 29.3 NCB Capital KSA shall have the right to transfer Investments so held to ENBD NCB Capital KSA or to others whenever ENBD NCB Capital KSA considers that such a transfer is necessary for the Client's ’s protection and/or to remedy the Client's ’s default. In enforcing the lien and other rights and remedies hereunder, ENBD NCB Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary. d. 29.4 The Client hereby authorizes ENBD authorises NCB Capital KSA in ENBD Capital KSANCB Capital’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD NCB Capital KSA or in ENBD Capital KSA's NCB Capital’s possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD NCB Capital KSA may deem appropriate, and ENBD NCB Capital KSA may do so without retaining in ENBD Capital KSA's NCB Capital’s possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ’s ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD NCB Capital KSA may receive and retain certain benefits from such activity to which the Client will not be entitled.

Appears in 1 contract

Sources: Business Agreement

SET-OFF AND LIEN. a. ENBD 29.1 NCB Capital KSA shall be entitled at any time and without notice to the Client, to retain or make deductions from or set off amounts or credit balances which ENBD NCB Capital KSA may owe to the Client or is holding for the Client in order to meet any liabilities which the Client may have incurred or ENBD NCB Capital KSA may have incurred on the Client's ’s behalf. b. 29.2 The Client acknowledges and agrees that all Investments now or hereafter held, carried or maintained by ENBD Capital KSANCB Capital, directly or indirectly, for any purpose in or for any account in which the Client has an interest, shall constitute security for the payment of any liability or indebtedness of the Client to ENBD Capital KSANCB Capital, and are subject to a continuing general lien and security interest in ENBD Capital KSA's favor NCB Capital’s favour for the discharge of all of the Client's ’s indebtedness and other obligations to ENBD Capital KSANCB Capital, without regard to ENBD NCB Capital KSA having made any advances in connection with such Investments and without regard to the number of accounts the Client may have with ENBD Capital KSANCB Capital. c. ENBD 29.3 NCB Capital KSA shall have the right to transfer Investments so held to ENBD NCB Capital KSA or to others whenever ENBD NCB Capital KSA considers that such a transfer is necessary for the Client's ’s protection and/or to remedy the Client's ’s default. In enforcing the lien and other rights and remedies hereunder, ENBD NCB Capital KSA shall have absolute discretion to determine which Investments are to be sold and which contracts are to be closed notwithstanding any instructions from the Client to the contrary. d. 29.4 The Client hereby authorizes ENBD authorises NCB Capital KSA in ENBD Capital KSANCB Capital’s absolute discretion to lend or to pledge, without notice to the Client, any and all of the Investments now or hereafter held in any account, or maintained or carried by ENBD NCB Capital KSA or in ENBD Capital KSA's NCB Capital’s possession, either separately or in common with other such Investments, for any amount due in any account or such greater amount as ENBD NCB Capital KSA may deem appropriate, and ENBD NCB Capital KSA may do so without retaining in ENBD Capital KSA's NCB Capital’s possession or control for delivery a like amount of similar Investments. The Client understands that such loans and pledges could limit the Client's ’s ability to exercise voting rights in whole or in part with respect to the Investments lent or pledged. In addition, the Client understands that ENBD NCB Capital KSA may receive and retain certain benefits benefits from such activity to which the Client will not be entitled.

Appears in 1 contract

Sources: Business Agreement