| | However, any guarantor or pledger may separately, not later than six weeks before the due date of the facility, request in writing that the Bank shall not extend the facility. Such request may imply that the guarantor becomes forced to pay by virtue of his guarantee, or that the Bank utilises a pledge. |
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| | If the Bank within the period set out in the preceding paragraph has received a request that the facility shall not be extended but nevertheless extends the facility, the guarantee or pledge provided by the party making such request ceases to be valid. This does not apply, however, if the Bank, due to the borrower’s negligence, before expiry of the aforementioned time period, has commenced legal proceedings against the party who has opposed an extension or has commenced negotiation with this party concerning the guarantee commitment or pledge. |
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13. | | Sequence of utilisation of security |
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| | If the borrower fails to meet his obligations under the contract, the Bank may determine the sequence in which the securities (pledges, guarantees, etc.) shall be utilised. |
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14. | | General right of pledge |
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| | Property pledged by the borrower in this contract shall also constitute security for any other obligations towards the Bank for which the borrower is or may in the future be liable, in his capacity as borrower, principal, account holder, guarantor or otherwise as customer of the Bank. Such other obligation must have arisen before the borrower’s obligations under this contract have been met. The Bank shall determine in which order the obligations are to be settled out of the proceeds of the pledge. However, account must be taken of the right of guarantors according to section 22. |
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| | Property thus pledged shall not, however, by reason of the pledge, constitute security for the borrower’s obligations on account of bills of exchange which have been discounted, or which may be discounted at the Bank by a third party, unless they concern the renewal of bills, or have otherwise replaced bills originally discounted by the borrower. Neither shall the property thus pledged secure any other claims on the borrower which the Bank has acquired or may acquire from a third party. |
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15. | | Yield on property pledged |
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| | Yield and all other rights based on the pledge are also covered by the pledging and constitute a pledge. Thus, the pledging of shares, for example, includes the right of the Bank to participate in bonus issues, new issues and other issues for which the shares qualify. As stated in section 16, the Bank is, however, not liable for ensuring that such rights are safeguarded. Where this nevertheless occurs, the Bank is accountable to the pledger. |
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16. | | Safeguard by the Bank of the pledge |
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| | The Bank has a duty to take good care of the pledge.
Where appropriate, the Bank shall renew limitation periods and lodge proof of claim in case of summons of unknown creditors and also in bankruptcies, where the pledger so requests after commencement of the bankruptcy. Where announcement has been made regarding the cancellation of a pledged document, the Bank shall give notice that it holds the document. However, the Bank is not obliged to take any of these measures regarding certificates of claim consisting of coupons or which are intended for the open market, such as bonds, or to which Swedish law does not apply. |
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| | The Bank is not obliged to maintain personal liability for payment in respect of mortgaged instruments of debt. |
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| | The Bank’s safeguard of the pledge does not extend beyond what has been stated above. Thus the Bank is not, for example, as far as securities are concerned, obliged to collect dividends and interest or observe the pledger’s rights in connection with issues, exchanges of shares, conversions, distributions of net assets, etc. |
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17. | | How a pledge may be utilised by the Bank |
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| | The Bank may utilise a pledge as the Bank deems fit. In this respect, the Bank shall proceed with care and, where possible and if in the opinion of the Bank it can be accomplished without prejudice to the Bank, notify the pledger to this effect in advance. |
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| | When applying the above, a financial instrument can be sold in a different way than on a market where the instrument is registered or is normally traded. |
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| | If the pledge consists of funds deposited in an account with the Bank, the Bank may immediately debit the account in reimbursement of the amount due, without informing the pledger in advance. |
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| | Should the pledge consist of an instrument of debt for which the pledger is liable personally or with certain property, the instrument is, with respect to the pledger, due for payment on demand, regardless of the due date stipulated in the instrument. |
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18. | | The Bank’s right to sign on behalf of the pledger |
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| | Through his pledging, the pledger authorises the Bank, or anyone appointed by the Bank, to sign on behalf of the pledger, where this is necessary in order to safeguard the Bank’s right of pledge. This authorisation may not be revoked as long as the pledging is in force. |
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19. | | Release of pledge |
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| | The Bank may release pledges without being bound to observe any right to the pledge which may accrue to a guarantor who has made payment to a party other than the Bank by virtue of his guarantee. |
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20. | | Transfer of unpledged deeds of mortgage |
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| | When the Bank no longer holds the pledge and has not been informed of a new pledge-holder or received a request that a written deed of mortgage shall be issued, the Bank is entitled to transfer an electronic deed of mortgage to the National Land Survey’s register of mortgages for which no other mortgage-holder is registered, known as the Public Archive. |
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21. | | Payment by the guarantor |
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| | If a guarantor makes payment to the Bank on account of his guarantee, he shall specifically notify the Bank that he is paying in his capacity as guarantor and request that this fact be noted by the Bank. |
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22. | | Guarantor’s right to pledges |
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| | If a guarantee has been signed on this contract, the following shall apply with regard to the guarantor’s right to pledges in this contract by the borrower alone or jointly with another: |
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| | The pledge shall constitute security for the guarantor’s claim for recourse against the borrower to the extent that it is not utilised by the Bank for the borrower’s obligations under this contract. When the pledge constitutes security for the right of recourse of several guarantors, they shall have rights to the pledge in proportion to the right of recourse of each of them, unless they agree otherwise. |
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| | In relation to the Bank, a guarantor is not entitled to any other property which has been pledged to the Bank by the borrower or another party. |
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| | The Bank may release yield from the pledge which is not required for payment of amounts due under this contract, without thereby reducing the liability of any guarantor. |
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23. | | How the pledge may be utilised for a guarantor’s right of recourse |
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| | Where a guarantor has made payment to the Bank by virtue of his guarantee, he may exercise his right to a pledge under section 22 only when the Bank has received payment in full for its claim under this contract. If the guarantor wishes to exercise this right, the Bank is entitled to choose between releasing the pledge to the guarantor or utilising the pledge on behalf of the guarantor. Section 17 shall apply in this connection. |
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24. | | Property pledged by a party other than the borrower |
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| | Property pledged on this contract by a party other than the borrower shall constitute security only for the borrower’s obligations under this contract, unless otherwise agreed. |
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| | Without any reduction of the Bank’s right to property which a party other than the borrower has pledged on this contract, the Bank is entitled to release property pledged by the borrower or any other party, which has not been pledged on this contract, as well as the yield on such property. The Bank is also entitled to release the yield on property pledged on this contract by the |