Common use of By CSM Clause in Contracts

By CSM. Except as otherwise expressly provided in this Agreement, CSM shall not, without the prior consent in writing of the Security Trustee and the Secured Parties, prior to the Discharge Date: 4.2.1 ask, demand, sue for, take or receive, directly or indirectly, whether b▇ ▇xercise of set-off, counterclaim or in any other manner, or recover or enforce payment of any Subordinated Indebtedness (provided that, for the avoidance of doubt, nothing under this Clause 4.2.1 shall prohibit any asking, demand, suit for, taking or receipt, or recovery or enforcement of, any payment due by the Borrower under any of the Excluded Transactions); 4.2.2 take any security from the Borrower or any other person in respect of any Subordinated Indebtedness and any security taken notwithstanding the undertaking in this Clause 4.2.2 shall be held by CSM for the Security Trustee (provided that nothing herein shall be effective to create a charge); 4.2.3 make or enforce any claim or right against the Borrower or prove in competition with the Security Trustee or any Secured Party in respect of the performance of any obligation under this Agreement; 4.2.4 assign, transfer, sell, charge or purport to assign, transfer, sell, charge or otherwise dispose or purport to dispose of the whole or any part of or any interest in any rights which it may from time to time and for the time being have against the Borrower in respect of the Subordinated Indebtedness; or 4.2.5 take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By CSM. Except as otherwise expressly provided in this Agreement, CSM shall not, without the prior consent in writing of the Security Trustee Agent and the Secured PartiesBanks, prior to the Discharge Date: 4.2.1 3.2.1 ask, demand, sue for, take or receive, directly or indirectly, whether b▇▇ ▇xercise exercise of set-off, counterclaim or in any other manner, or recover or enforce payment of any Subordinated Indebtedness (provided that, for the avoidance of doubt, nothing under this Clause 4.2.1 3.2.1 shall prohibit any asking, demand, suit for, taking or receipt, or recovery or enforcement of, any payment due by the Borrower under any of the Excluded Transactions); 4.2.2 3.2.2 take any security from the Borrower or any other person in respect of any Subordinated Indebtedness and any security taken notwithstanding the -4- undertaking in this Clause 4.2.2 3.2.2 shall be held by CSM for the Security Trustee Agent (provided that nothing herein shall be effective to create a charge); 4.2.3 3.2.3 make or enforce any claim or right against the Borrower or prove in competition with the Security Trustee Agent or any Secured Party Bank in respect of the performance of any obligation under this Agreement; 4.2.4 3.2.4 assign, transfer, sell, charge or purport to assign, transfer, sell, charge or otherwise dispose or purport to dispose of the whole or any part of or any interest in any rights which it may from time to time and for the time being have against the Borrower in respect of the Subordinated Indebtedness; or 4.2.5 3.2.5 take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.