Application of Moneys Received by the Trustee. The Trustee shall apply all moneys received by it under this Trust Deed (without prejudice to Clause 9 (Power to Retain and Invest Less than 10 Per Cent.)): (a) firstly, in payment or satisfaction of the fees, costs, charges, expenses and liabilities incurred by the Trustee in or about the preparation and execution of the trusts of this Trust Deed (including remuneration of the Trustee and of any Appointee appointed hereunder); (b) secondly, in or towards payment pari passu and rateably of all arrears of amounts corresponding to principal and interest remaining unpaid in respect of the Notes; and (c) thirdly, the balance (if any) in payment to the Issuer; and without prejudice to the provisions of this Clause 8, if the Trustee shall hold any moneys which represent amounts payable in respect of Notes which have become void under Condition 12 (Prescription), the Trustee shall (subject to the payment or provision for the payment or satisfaction of all costs, charges, expenses, indemnities and liabilities, including the remuneration of the Trustee or any Appointee of the Trustee) pay the same forthwith to the Issuer without prejudice to any question as to how such surplus should be dealt with as between the Issuer and any other person for the time being entitled thereto in priority to the Issuer.
Appears in 1 contract
Sources: Trust Deed
Application of Moneys Received by the Trustee. The Trustee shall apply all moneys received by it under this Trust Deed these presents or in connection with the enforcement or realisation of the Security Interests in relation to a Series (without prejudice to Clause 9 (Power to Retain and Invest Less than 10 Per Cent.)9):
(ai) firstlyfirst, in payment or satisfaction of the fees, costs, charges, expenses and liabilities properly incurred by the Trustee in or about the preparation preparation, execution and execution performance of the trusts of this Trust Deed these presents (including remuneration of the Trustee and of any Appointee appointed hereunderhereunder or any Receiver appointed by the Trustee);
(bii) secondly, in payment or satisfaction of the costs, fees, charges, expenses liabilities properly incurred by the Agents (including remuneration of the Agents) in carrying out their respective functions under the Agency Agreement and the Notes and the Account Bank in carrying out its functions pursuant to the Account Bank Agreement;
(iii) thirdly, in or towards payment pari passu and rateably of all arrears of amounts corresponding to principal and interest remaining unpaid in respect of the Notessuch Series; and
(civ) thirdlyfourthly, the balance (if any) in payment to the Issuer; , and without prejudice to the provisions of this Clause 8Clause, if the Trustee shall hold any moneys which represent amounts payable in respect of Notes which have become void under Condition 12 (Prescription)11, the Trustee shall (subject to the payment or provision for the payment or satisfaction of all costs, charges, expenses, indemnities and liabilities, including the remuneration of the Trustee or and any Appointee of the TrusteeAppointee) pay the same forthwith to the Issuer without prejudice to any question as to how such surplus should be dealt with as between the Issuer and any other person for the time being entitled thereto in priority to the Issuer.
Appears in 1 contract
Sources: Principal Trust Deed