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STANDARD TERMS AND CONDITIONS FOR BANKING FACILITIES AND SERVICES - TC2 (04)(FOR CORPORATE, SOLE PROPRIETOR & PARTNERSHIP)|
Any request or application made by the Customer for the utilisation of the Facilities and/or Services is subject to and on the basis that the Customer has agreed to be bound by the Agreement (as defined below).
1. DEFINITIONS AND INTERPRETATION
1.1 In the Agreement:-
"AGREEMENT" means the Standard Terms and Conditions for Banking Facilities and Services (including any supplement) ("STANDARD TERMS AND CONDITIONS"),any Facility Letter and any other agreement incorporating the Standard Terms and Conditions;
"ASSETS" includes present and future properties, revenues and rights of
"BANK" means Standard Chartered Bank (Hong Kong) Limited which includes all its branches and offices wherever situated and its successors and assigns;
"CUSTOMER" means the customer(s) specified in the Facility Letter and, as the case may be, any other person(s) who agree to the Standard Terms and Conditions, and where there is more than one Customer, all references to the "Customer" shall mean all such persons or any one or more of them;
"EXCHANGE RATE" means the rate for converting one currency into another
currency which the Bank determines to be prevailing in the relevant foreign exchange market at the relevant time, such determination to be conclusive and binding on the Customer;
"FACILITIES" means the banking facilities (or any part of it) specified in the Facility Letter;
"FACILITY LETTER" means the facility letter(s) (including all its schedules and appendices) issued by the Bank in relation to the Facilities extended by the Bank to the Customer, and includes references to any accession letter executed by any Customer for acceding to the Facility Letter;
"HIBOR" means the Hong Kong Interbank Offered Rate quoted by the Bank for
the relevant period;
"LIBOR" means the London Interbank Offered Rate quoted by the Bank for the relevant period;
"PRIME" means the respective rates which the Bank announces or applies from time to time as its prime rates for lending Hong Kong Dollars and United States Dollars;
"SCB" means Standard Chartered Bank (including all its branches), and
"SERVICES" means any banking services provided by the Bank or SCB to the
1.2 Unless a contrary indication appears, a reference in the Agreement to:-
(a) a person includes an individual, a company, sole proprietorship,
partnership or body unincorporated and its successors and assigns;
(b) any document includes a reference to that document as amended, varied,supplemented, replaced or restated from time to time; and
(c) a provision of law is a reference to that provisions as amended or
1.3 The obligations and liabilities of the Customer to the Bank include all its past, present and future, actual and contingent obligations and liabilities to the Bank, whether incurred alone or jointly with another.
1.4 Unless the context otherwise requires, words importing the singular include the plural and vice versa and the neuter gender includes the other genders.
1.5 The headings in the Agreement are for convenience only and are to be
ignored in construing the Agreement.