Common use of Limited Recourse and Non-Petition Clause in Contracts

Limited Recourse and Non-Petition. 11.1 Notwithstanding any contrary provision herein, clause 3 (Limited Recourse; No Lien or Set- off; No Petition) of the Incorporated Terms Memorandum shall apply mutatis mutandis as if set out herein in full. The Account Bank and the Cash Administrator each hereby acknowledges, and agrees to, such limitation of its rights hereunder. 11.2 The provisions of this clause 11 (Limited Recourse and Non-Petition) shall survive the termination of this Agreement. 11.3 Notwithstanding anything to the contrary in this Agreement or any other document, the Account Bank hereby: (a) waives all its present and future rights under its general business conditions to a lien or any other security interest over the Accounts; (b) waives any right it has or may hereafter acquire to combine, consolidate or merge the Accounts, any other accounts of the Issuer (if any) or the account of any other person or set-off any liabilities of the Issuer or any other person to the Account Bank and agrees that it shall not set-off or transfer any sum standing to the credit of or to be credited to the Accounts in or towards satisfaction of any liabilities owed to the Account Bank, the Issuer or any other person; and (c) agrees, upon receipt of a copy of an Enforcement Notice from the Security Trustee, to comply with any direction expressed to be given by the Security Trustee in respect of the operation of the Accounts.

Appears in 2 contracts

Sources: Account Agreement, Account Agreement

Limited Recourse and Non-Petition. 11.1 10.1 Notwithstanding any contrary provision herein, clause Clause 3 (Limited Recourse; No Lien or Set- Set-off; No Petition) of the Incorporated Terms Memorandum shall apply mutatis mutandis as if set out herein in full. The Account Bank and the Cash Administrator each hereby acknowledges, and agrees to, such limitation of its rights hereunder. 11.2 10.2 The provisions of this clause 11 Clause 10 (Limited Recourse and Non-Petition) shall survive the termination of this Agreement. 11.3 10.3 Notwithstanding anything to the contrary in this Agreement or any other document, the Account Bank hereby: (a) waives all its present and future rights under its general business conditions to a lien or any other security interest over the Accounts; (b) waives any right it has or may hereafter acquire to combine, consolidate or merge the Accounts, any other accounts of the Issuer (if any) or the account of any other person or set-off any liabilities of the Issuer or any other person to the Account Bank and agrees that it shall not set-off or transfer any sum standing to the credit of or to be credited to the Accounts in or towards satisfaction of any liabilities owed to the Account Bank, the Issuer or any other person; and (c) agrees, upon receipt of a copy of an Enforcement Notice from the Security Trustee, to comply with any direction expressed to be given by the Security Trustee in respect of the operation of the Accounts.

Appears in 2 contracts

Sources: Account Agreement, Account Agreement

Limited Recourse and Non-Petition. 11.1 10.1 Notwithstanding any contrary provision herein, clause Clause 3 (Limited Recourse; No Lien or Set- off; No Petition) of the Incorporated Terms Memorandum shall apply mutatis mutandis as if set out herein in full. The Account Bank and the Cash Administrator each hereby acknowledges, and agrees to, such limitation of its rights hereunder. 11.2 10.2 The provisions of this clause 11 Clause 10 (Limited Recourse and Non-Petition) shall survive the termination of this Agreement. 11.3 10.3 Notwithstanding anything to the contrary in this Agreement or any other document, the Account Bank hereby: (a) waives all its present and future rights under its general business conditions to a lien or any other security interest over the Accounts; (b) waives any right it has or may hereafter acquire to combine, consolidate or merge the Accounts, any other accounts of the Issuer (if any) or the account of any other person or set-off any liabilities of the Issuer or any other person to the Account Bank and agrees that it shall not set-off or transfer any sum standing to the credit of or to be credited to the Accounts in or towards satisfaction of any liabilities owed to the Account Bank, the Issuer or any other person; and (c) agrees, upon receipt of a copy of an Enforcement Notice from the Security Trustee, to comply with any direction expressed to be given by the Security Trustee in respect of the operation of the Accounts.

Appears in 1 contract

Sources: Account Agreement

Limited Recourse and Non-Petition. 11.1 10.1 Notwithstanding any contrary provision herein, clause 3 (Limited Recourse; No Lien or Set- off; No Petition) of the Incorporated Terms Memorandum shall apply mutatis mutandis as if set out herein in full. The Account Bank and the Cash Administrator each hereby acknowledges, and agrees to, such limitation of its rights hereunder. 11.2 10.2 The provisions of this clause 11 10 (Limited Recourse and Non-Petition) shall survive the termination of this Agreement. 11.3 10.3 Notwithstanding anything to the contrary in this Agreement or any other document, the Account Bank hereby: (a) waives all its present and future rights under its general business conditions to a lien or any other security interest over the Accounts; (b) waives any right it has or may hereafter acquire to combine, consolidate or merge the Accounts, any other accounts of the Issuer (if any) or the account of any other person or set-off any liabilities of the Issuer or any other person to the Account Bank and agrees that it shall not set-off or transfer any sum standing to the credit of or to be credited to the Accounts in or towards satisfaction of any liabilities owed to the Account Bank, the Issuer or any other person; and (c) agrees, upon receipt of a copy of an Enforcement Notice from the Security Trustee, to comply with any direction expressed to be given by the Security Trustee in respect of the operation of the Accounts.

Appears in 1 contract

Sources: Account Agreement

Limited Recourse and Non-Petition. 11.1 10.1 Notwithstanding any contrary provision herein, clause 3 (Limited Recourse; No Lien or Set- Set-off; No Petition) of the Incorporated Terms Memorandum shall apply mutatis mutandis as if set out herein in full. The Account Bank and the Cash Administrator each hereby acknowledges, and agrees to, such limitation of its rights hereunder. 11.2 10.2 The provisions of this clause 11 10 (Limited Recourse and Non-Petition) shall survive the termination of this Agreement. 11.3 10.3 Notwithstanding anything to the contrary in this Agreement or any other document, the Account Bank hereby: (a) waives all its present and future rights under its general business conditions to a lien or any other security interest over the Accounts; (b) waives any right it has or may hereafter acquire to combine, consolidate or merge the Accounts, any other accounts of the Issuer (if any) or the account of any other person or set-off any liabilities of the Issuer or any other person to the Account Bank and agrees that it shall not set-off or transfer any sum standing to the credit of or to be credited to the Accounts in or towards satisfaction of any liabilities owed to the Account Bank, the Issuer or any other person; and (c) agrees, upon receipt of a copy of an Enforcement Notice from the Security Trustee, to comply with any direction expressed to be given by the Security Trustee in respect of the operation of the Accounts.

Appears in 1 contract

Sources: Account Agreement