Interaction with the Common Terms Deed Poll Sample Clauses
The 'Interaction with the Common Terms Deed Poll' clause defines how the terms of the current agreement relate to or are affected by the provisions of a Common Terms Deed Poll, which is a separate but related legal document. This clause typically clarifies whether the terms of the Deed Poll take precedence over conflicting terms in the agreement, or how obligations and rights under both documents are to be interpreted together. By establishing the hierarchy and relationship between the two documents, this clause ensures consistency and prevents disputes over which terms apply in situations where both documents are relevant.
Interaction with the Common Terms Deed Poll. (a) Each Borrower acknowledges that:
(i) the Financier is a Creditor; and
(ii) this agreement is a Facility Agreement, for the purposes of the Common Terms Deed Poll.
(b) On execution of this agreement, the provisions of the Common Terms Deed Poll (subject to paragraph (d) below) are incorporated into this agreement to the intent and effect that any such provision for the benefit of a Creditor or a Borrower (as defined in the Common Terms Deed Poll) may be enforced by the Financier or a Borrower to the same extent as if the Financier was a party to the Common Terms Deed Poll.
(c) A term which has a defined meaning (including by reference to another document) in the Common Terms Deed Poll has the same meaning when used in this agreement unless it is expressly defined in this agreement, in which case the meaning in this agreement prevails.
(d) Where a conflict arises between a provision of the Common Terms Deed Poll and this agreement, the Common Terms Deed Poll will prevail unless the provision in this agreement includes words substantially to the effect of “Despite the terms of the Common Terms Deed Poll”, in which case the relevant provision of this agreement prevails.
Interaction with the Common Terms Deed Poll. (a) The Borrower acknowledges that:
(i) the Financier is a Creditor; and
(ii) this agreement is a Facility Agreement, for the purposes of the Common Terms Deed Poll.
(b) On execution of this agreement, the provisions of the Common Terms Deed Poll (subject to paragraph (d) below) are incorporated into this agreement to the intent and effect that any such provision for the benefit of a Creditor or the Borrower (as defined in the Common Terms Deed Poll) may be enforced by the Financier or the Borrower to the same extent as if the Financier was a party to the Common Terms Deed Poll.
(c) A term which has a defined meaning (including by reference to another document) in the Common Terms Deed Poll has the same meaning when used in this agreement unless it is expressly defined in this agreement, in which case the meaning in this agreement prevails.
(d) Where a conflict arises between a provision of the Common Terms Deed Poll and this agreement, the Common Terms Deed Poll will prevail unless the provision in this agreement includes words substantially to the effect of "Despite the terms of the Common Terms Deed Poll", in which case the relevant provision of this agreement prevails.