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[接上页] "consolidation agreement" (合并协议) means the consolidation agreement dated 22 December 1999, governed by the laws of Japan and entered into by DKB, Corporate Business Bank and IBJ in relation, inter alia, to the reorganization and consolidation of the businesses carried on by DKB, Corporate Business Bank and IBJ according to customer segments and business functions (as amended or supplemented from time to time, including by implementing documents and agreements from time to time entered into); "Corporate Business Bank" (实业商务银行) means The Fuji Bank, Limited, a corporation organized under the laws of Japan, which name will be changed to Mizuho Corporate Bank, Ltd. on the appointed day; "Corporate Business Bank Hong Kong Branch" (实业商务银行香港分行) means- (a) the business carried on by Corporate Business Bank in or from its branch in Hong Kong; and (b) all existing property and liabilities of the Hong Kong branch of Corporate Business Bank of whatsoever nature as recorded in or created by any of the books and records of Corporate Business Bank and any other property and liabilities of the Hong Kong branch of Corporate Business Bank related thereto;"customer" (客户) means any person having a banking account, a loan account or other dealing, transaction, agreement or arrangement with Corporate Business Bank Hong Kong Branch or, as the case may be, a consolidating bank in Hong Kong; "data protection principles" (保障资料原则) means any of the data protection principles set out in Schedule 1 to the Personal Data (Privacy) Ordinance (Cap 486); "DKB" (第一劝业) means The Dai-Ichi Kangyo Bank, Limited, a corporation organized under the laws of Japan, which name will be changed to Mizuho Bank, Ltd. on the appointed day; "DKB Hong Kong Branch" (第一劝业香港分行) means- (a) the business carried on by DKB in or from its branch in Hong Kong; and (b) all existing property and liabilities of the Hong Kong branch of DKB of whatsoever nature as recorded in or created by any of the books and records of DKB and any other property and liabilities of the Hong Kong branch of DKB related thereto,but, for avoidance of doubt, excluding the rights and liabilities of DKB under the consolidation agreement (in so far as such rights and liabilities relate to DKB Hong Kong Branch);"electronic record" (电子纪录) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap 553); "existing" (现有) means existing, outstanding or in force immediately before the appointed day; "the Hong Kong branches of the consolidating banks" (各合并银行的香港分行) means- (a) DKB Hong Kong Branch; and (b) IBJ Hong Kong Branch;"IBJ" (日本兴业) means The Industrial Bank of Japan, Limited, a corporation organized under the laws of Japan; "IBJ Hong Kong Branch" (日本兴业香港分行) means- (a) the business carried on by IBJ in or from its branch in Hong Kong; and (b) all existing property and liabilities of the Hong Kong branch of IBJ of whatsoever nature as recorded in or created by any of the books and records of IBJ and any other property and liabilities of the Hong Kong branch of IBJ related thereto,but, for avoidance of doubt, excluding the rights and liabilities of IBJ under the consolidation agreement (in so far as such rights and liabilities relate to IBJ Hong Kong Branch); "liabilities" (法律责任) includes duties and obligations of every description (whether present or future, actual or contingent); "Mizuho Financial Group" (瑞穗金融集团) means Mizuho Holdings and its subsidiaries; "Mizuho Holdings" (瑞穗控股) means Mizuho Holdings, Inc., a corporation organized under the laws of Japan; "Privacy Commissioner" (私隐专员) means the Privacy Commissioner for Personal Data established under section 5(1) of the Personal Data (Privacy) Ordinance (Cap 486); "property" (财产) means property and assets of every description wheresoever situate and rights of every description (whether present or future, actual or contingent), and includes property held on trust or in a fiduciary capacity and security interests, benefits and powers of every description; "security interest" (抵押权益) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, flawed asset arrangement, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent), whether or not that interest is evidenced in writing; "subsidiary" (附属公司) has the meaning assigned to it by section 2 of the Companies Ordinance (Cap 32); "will" (遗嘱) includes a codicil and any other testamentary writing. |