Common use of Termination by Us Clause in Contracts

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:- (a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption; (c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings; (d) you do not comply with any applicable law; (e) you fail to pay any amount due to us on time; (f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading; (g) you pass away or become mentally incapacitated; (h) in our sole opinion:- (i) you are not or are no longer eligible for the Debt Consolidation Facility; (ii) a banking relationship with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 10 contracts

Sources: Debt Consolidation Agreement, Debt Consolidation Agreement, Debt Consolidation Agreement

Termination by Us. 6.1 Without prejudice to We may terminate this Agreement at any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of time in the following events of default (collectively, the “Events of Default”) occurs:-circumstances: (a) you threaten to breach where there are irregular, invalid or have breached any term of the Agreement illegal Card sales by you, excessive Chargebacks or any other agreementcircumstances which, undertaking in our reasonable opinion, may materially increase our exposure to financial or arrangement between ussecurity risk; (b) you have been convicted of a crime or where we believe are notified that you are involved or your directors appear in Visa's National Merchant Alert Service (NMAS), MasterCard's Member Alert to Control High Risk (MATCH) list or any offence involving fraud, criminal breach of trust, dishonesty domestic or corruptioninternational sanctions list; (c) you become insolventwhere any material change occurs in your business operation, bankrupt financial condition and outlook, nature of goods and services provided, or become subject the manner in which they are provided (including time of delivery), without notifying us and receiving our consent (which will not be unreasonably withheld) and where, in our reasonable opinion, that change may materially increase our exposure to any civil financial or legal proceedings including bankruptcy or enforcement proceedingssecurity risk; (d) you do not comply where your independent certified accountants refuse to deliver an unqualified opinion with any applicable lawrespect to your annual financial statements and your consolidated subsidiaries (if applicable); (e) where you fail to pay any amount due to us on timesuffer an Insolvency Event; (f) any informationwhere you purport to assign this Agreement or you are subject to a Change in Control without our consent, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleadingwhich will not be unreasonably withheld; (g) you pass away where any of the information provided in your Application or become mentally incapacitatedyour representations or warranties in this Agreement are incorrect, false or misleading in a material respect when made or deemed to be made; (h) in our sole opinion:-where you breach any material term of this Agreement and the breach is not capable of remedy; (i) where you breach any material term of this Agreement and, where the breach is capable of remedy, you do not rectify the breach with 5 Business Days' notice of the breach; (j) where we have reasonable grounds to suspect you have fraudulently processed Transactions or allowed fraudulent Transactions to be processed using the Services; or (k) where you are not or are no longer eligible for the Debt Consolidation Facility; (ii) a banking relationship compliant with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctionPCI DSS regulations. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 3 contracts

Sources: Merchant Services Agreement, Merchant Services Agreement, Merchant Services Agreement

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation SFRP (Unsecured) Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:- (a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption; (c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings; (d) you do not comply with any applicable law; (e) you fail to pay any amount due to us on time; (f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading; (g) you pass away or become mentally incapacitated; (h) in our sole opinion:- (i) you are not or are no longer eligible for the Debt Consolidation SFRP (Unsecured) Facility; (ii) a banking relationship with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation FacilitySFRP (Unsecured); and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation SFRP (Unsecured) Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation SFRP (Unsecured) Facility in full immediately, without any demand or notice. No partial payment will be allowed. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation SFRP (Unsecured) Facility.

Appears in 2 contracts

Sources: Terms and Conditions Governing SFRP (Unsecured) Facility, Terms and Conditions Governing SFRP (Unsecured) Facility

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:- (a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption; (c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings; (d) you do not comply with any applicable law; (e) you fail to pay any amount due to us on time; (f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading; (g) you pass away or become mentally incapacitated; (h) in our sole opinion:- (i) you are not or are no longer eligible for the Debt Consolidation Facility; (ii) a banking relationship with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. No partial payment will be allowed. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 2 contracts

Sources: Debt Consolidation Agreement, Debt Consolidation Agreement

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:-occurs: (a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption; (c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings; (d) you do not comply with any applicable law; (e) you fail to pay any amount due to us on time; (f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading; (g) you pass away or become mentally incapacitated; (h) in our sole opinion:-opinion: - (i) you are not or are no longer eligible for the Debt Consolidation Facility; (ii) a banking relationship with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 1 contract

Sources: Debt Consolidation Agreement

Termination by Us. 6.1 Without prejudice In addition to any other our rights or remedies we havein clause 20.1, we may terminate any (or all) of the Agreement, and any unsettled Digital Asset Transactions immediately by notice to you immediately terminate for the Agreement and the Debt Consolidation Facility (or any other facility) if any reasons set out in each of the following events of default (collectively, the “Events each an Event of Default”) occurs:-), if: (a) you threaten do not make any payment or delivery when due under this Agreement at the place and in the currency or form in which it is expressed to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between usbe payable; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruptionbecome Insolvent; (c) you become insolvent, bankrupt act fraudulently or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedingsdishonestly; (d) you do not comply with disaffirm, disclaim, repudiate or reject, in whole or in part, the Agreement or any applicable lawDigital Asset Transaction (or such action is taken by an Authorised Person on your behalf); (e) you fail we are required by Applicable Law to pay any amount due to us on timedo so; (f) you do not comply in any informationmaterial respect with any provision of this Agreement, representation, warranty, statement and document given other than those obligations referred to us is or becomes untrue, inaccurate, incomplete or misleadingin paragraph (a) above; (g) you pass away any representation or become mentally incapacitatedwarranty made in this Agreement proves to be incorrect or misleading in any material respect when made or repeated or deemed to have been made or repeated; (h) in our sole opinion:-performance of any obligation by either you or us under the Agreement breaches, or is likely to breach, any Applicable Law (including AML/CTF Requirements or market abuse requirements) or is otherwise contrary to any policy we apply as a result of an order, sanction or direction issued by any Government Agency; (i) you any of your Digital Assets and/or Fiat Currency are not subject to enforcement of a judgment or are no longer eligible for the Debt Consolidation Facilityis expropriated, compulsorily acquired or resumed on any basis; (iij) you are convicted of a banking relationship with you is no longer appropriate Taxes or possibleother crime in any jurisdiction; (iiik) we, in our discretion, consider that the Account is being operated, or any Service is being used, in an irregular or improper manner; (l) at any time, we in good faith consider that the continued existence of any outstanding Digital Asset Transaction would not be consistent with our business practice; (m) any changes or adverse circumstances may materially and/or adversely affect your ability Digital Asset Transaction does not settle within the applicable timeframe as set out in these Client Terms and Conditions, where such failure to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it settle such Digital Asset Transaction is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary not due to our obligations breach of this Agreement; (n) any other event of default (however described) under any addendum to these Client Terms and Conditions between you and us occurs in connection with prevention relation to you; or (o) any other event of frauddefault (however described) under any other agreement between you and any Zodia Markets Group Member occurs in relation to you. Our rights under this clause 20.2 do not affect any other right under the Agreement and are subject to the giving of any notice, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or lapse of time which is required by Applicable Law and cannot be excluded. Our termination may be in respect of some or all Services. If it is only with respect to certain Services, this must be expressly set out in our notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 1 contract

Sources: Client Terms and Conditions

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:- (a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us; (b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption; (c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings; (d) you do not comply with any applicable law; (e) you fail to pay any amount due to us on time; (f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading; (g) you pass away or become mentally incapacitated; (h) in our sole opinion:- (i) you are not or are no longer eligible for the Debt Consolidation Facility; (ii) a banking relationship with you is no longer appropriate or possible; (iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (iv) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.

Appears in 1 contract

Sources: Debt Consolidation Agreement

Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if If any of the following events of default (collectively, the “Events of Default”) occurs:-occur:- (a) you threaten to breach or have breached default in payment of any term of the Agreement Instalments or any other agreementmoneys payable under this Agreement, undertaking or arrangement between usand such default continues for a period of not less than seven (7) Business Days after service of our notice of default); (b) you have been convicted of (or any Surety) commit a crime or we believe that you are involved in any offence involving fraud, criminal breach of trustany provision of, dishonesty or corruptionfail to observe or perform any obligation under, this Agreement or the Security Documents, including but not limited to a breach occurring in relation to Clause 30d or Clause 30e; (c) any indebtedness of you become insolvent, bankrupt (or become subject to any civil Surety) becomes due (or legal proceedings including bankruptcy capable of being declared due) before its stated maturity or enforcement proceedingsis not discharged at maturity or when called; (d) an encumbrancer takes possession of (or a trustee, receiver and/or manager, judicial manager or similar officer is appointed in respect of) any assets or property belonging to you do not comply with (or any applicable lawSurety) or any distress or any form of execution is levied or enforced upon or sued against such assets or property; (e) you fail to pay (or any amount due to us on timeSurety) become or are declared insolvent or convene a meeting of creditors or proposes or make any arrangement or composition with, or any assignment for the benefit of, your creditors; (f) any information, representation, warranty, statement and document given to us proceedings are commenced or a resolution is passed for the liquidation or becomes untrue, inaccurate, incomplete winding-up (whether compulsory or misleadingvoluntary) or for the bankruptcy (as the case may be) of you (or any Surety); (g) you pass away any provision of this Agreement or become mentally incapacitatedany of the Security Documents is or becomes for any reason unenforceable or invalid; (h) in our sole opinion:-you (or any Surety) is or shall be convicted of any offence involving fraud or dishonesty; (i) there is a material adverse change in your condition (financial or otherwise) (orofanySurety) or (if applicable) any of your subsidiaries (or any Surety’s subsidiaries), which in our opinion might materially affect your (or any Surety’s) ability to comply with the obligations under this Agreement; (j) you (or any Surety) threaten to cease (or actually cease) its business (if applicable); (k) any cheque given by you as deposit or as payment of any of the Instalments or any part of such Instalments is dishonoured; (l) there is a reduction in the value of the Goods, other than due to usual depreciation; (m) any third party exerts any claim or interest in the Goods,; (n) in our sole opinion, our interests under this Agreement are not (or are no longer eligible for likely to become) adversely affected, then we may, upon the Debt Consolidation Facility;occurrence of any such event or at any time thereafter, and without prejudice to any rights and claims which we may have against you and any Surety:- (i) retake possession of the Goods and all necessary licences, registration books/cards or certificates, policies and certificates of insurance, user manuals, instruction booklets and other documents (if any) relating to the Goods, upon which this Agreement (and the hiring created under this Agreement) shall forthwith terminate; or (ii) a banking relationship with if we are unable to retake possession of the Goods for any reason whatsoever, we may declare in writing that this Agreement (and the hiring created under this Agreement) shall forthwith be terminated. Upon such termination, (i) you is no longer appropriate or possible; shall not be entitled to have possession of the Goods without our written consent, (ii) you shall not have any rights under this Agreement, and (iii) you shall forthwith return the Goods together with all necessary licences, registration books/cards or certificates, policies and certificates of insurance, user manuals, instruction booklets and any changes other documents (if any) relating to the Goods to us during ordinary business hours at a place at which we ordinarily carry on business or adverse circumstances may materially and/or adversely affect your ability to perform at the address specified in Clause 19 or discharge your obligations under the Agreement; and/or (iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and (i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction. 6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you at such other place as we deem fit to recover the outstanding on the Debt Consolidation Facilitymay stipulate. Oversea-Chinese Banking Corporation Limited ▇▇.▇▇▇.▇▇.: 193200032W

Appears in 1 contract

Sources: Hire Purchase Agreement