Common use of Evidence of Default Clause in Contracts

Evidence of Default. Should the Note Trustee take legal or other proceedings against the Issuer to enforce any of the provisions of the Notes, or any of them or any of the provisions of this Note Trust Deed and any relevant Note Trust Deed Supplement, proof therein that, as regards any Note of any Series, the Issuer has made default in paying any principal or interest due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes of such Series in respect of which the relevant payment is then due and payable. The Note Trustee may file such proofs of claim and other papers or documents and to take any and all actions authorised under the TIA as may be necessary or advisable in order to have the claims of the Note Trustee and the Secured Creditors allowed in any judicial proceedings relating to the Issuer, its auditors or its property.

Appears in 1 contract

Sources: Turquoise Funding Note Trust Deed (Turquoise Receivables Trustee LTD)

Evidence of Default. Should the Note Trustee take legal or other proceedings against the Issuer Issuing Entity to enforce any of the provisions of the Notes, or any of them or any of the provisions of this Note Trust Deed and any relevant Note Trust Deed Supplement, proof therein that, as regards any Note of any Series, the Issuer Issuing Entity has made default in paying any principal or interest due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer Issuing Entity has made the like default as regards all other Notes of such Series in respect of which the relevant payment is then due and payable. The Note Trustee may file such proofs of claim and other papers or documents and to may take any and all actions authorised under the TIA as may be necessary or advisable in order to have the claims of the Note Trustee and the Secured Creditors allowed in any judicial proceedings relating to the IssuerIssuing Entity, its auditors or its property.

Appears in 1 contract

Sources: Note Trust Deed (Barclaycard Funding PLC)