【法规名称】
【法规编号】 82283 什么是编号？
【正 文】
第3页 CAP 1161 THE BANK OF TOKYO-MITSUBISHI (MERGER OF SUBSIDIARIES) ORDINANCE
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[接上页] (i) BOT International had been a party thereto instead of Mitsubishi Finance; (ii) for any reference (however worded and whether express or implied) to Mitsubishi Finance there were substituted, as respects anything falling to be done on or after the appointed day, a reference to BOT International; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Mitsubishi Finance were, as respects anything falling to be done on or after the appointed day, a reference to the directors of BOT International or, as the case may require, to such director, officer or employee of BOT International as BOT International may appoint for that purpose or, in default of appointment, to the director, officer or employee of BOT International who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that this paragraph shall not apply to the merger agreement or any agreement expressed to be made pursuant or supplemented thereto.(b) Paragraph (a)(ii) shall, subject to the provisions of section 18, apply to any statutory provision, to any provision of any existing contract to which Mitsubishi Finance was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between Mitsubishi Finance and a customer shall, on the appointed day, be transferred to BOT International and become an account between BOT International and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of BOT International or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to Mitsubishi Finance, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to BOT International or, as the case may be, to BOT International jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Mitsubishi Finance, or payable at any place of business of Mitsubishi Finance, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by BOT International, or were payable at the same place of business of BOT International. (f) The custody of any document or record, goods or other thing held by Mitsubishi Finance as bailee shall pass to BOT International on the appointed day, and the rights and obligations of Mitsubishi Finance under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of BOT International. (g) (i) Any security held immediately before the appointed day by Mitsubishi Finance, or by a nominee or agent of or trustee for Mitsubishi Finance, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, BOT International, and be available to BOT International (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security deemed to be vested in BOT International in accordance with the provisions of this Ordinance and any liabilities thereby secured, BOT International shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Mitsubishi Finance would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Mitsubishi Finance and BOT International in respect of which Mitsubishi Finance or BOT International, or a nominee or agent of or trustee for Mitsubishi Finance or BOT International holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in BOT International; (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to BOT International (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Mitsubishi Finance were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of Mitsubishi Finance is deemed to become a right or liability of BOT International, BOT International and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of BOT International; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Mitsubishi Finance may be continued by or against BOT International. |
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