Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions of this Master Trust Deed, each of the parties to this Master Trust Deed agree that notwithstanding anything to the contrary contained herein: (a) no payment of any amount whatsoever shall be made by the Trustee or the Delegate or any shareholders, directors, officers, employees, agents or affiliates on their behalf except to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Document, whether for the payment of any fee, indemnity or other amount hereunder or any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished; (b) the Trustee may not sell, transfer, assign or otherwise dispose of the Trust Assets or any part thereof (save as permitted pursuant to the Transaction Documents) to a third-party, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under the Trust Assets in the manner expressly provided in the Transaction Documents; (c) if the proceeds of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished; (d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise; (e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.1
Appears in 1 contract
Sources: Master Trust Deed
Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions (a) Notwithstanding any other provision of this Master Trust DeedAgreement, each the Servicer, the Special Servicer, the Collateral Manager, the Note Administrator, the Advancing Agent and the Trustee hereby agree and acknowledge that the obligations of the parties Issuer under this Agreement are from time to time and at any time limited recourse obligations of the Issuer payable solely from the Loans available at such time as contemplated hereby or in accordance with the Priority of Payments (as defined in the Indenture), and, following realization of all of the Loans, all obligations of the Issuer and all claims of Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator and the Trustee against the Issuer under this Master Trust Deed agree Agreement shall be extinguished and shall not thereafter revive. Each of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator and the Trustee hereby agrees and acknowledges that notwithstanding anything the Issuer’s obligations hereunder will be solely the corporate obligations of the Issuer, and that none of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator or the Trustee will have any recourse to any of the contrary contained herein:members, managers officers, employees or Affiliates of the Issuer with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transaction contemplated hereby.
(a) no payment Notwithstanding any other provision of any amount whatsoever shall be made by this Agreement, the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator and the Trustee or hereby agree not to file, cause the Delegate or any shareholders, directors, officers, employees, agents or affiliates on their behalf except to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Document, whether for the payment of any fee, indemnity or other amount hereunder or any other obligation or claim arising out filing of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished;
(b) the Trustee may not sell, transfer, assign or otherwise dispose of the Trust Assets or join in any part thereof (save as permitted pursuant to the Transaction Documents) to a third-party, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under the Trust Assets petition in the manner expressly provided in the Transaction Documents;
(c) if the proceeds of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished;
(d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.1,
Appears in 1 contract
Sources: Servicing Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)
Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions of this Master Trust Deed, each of the parties to this Master Trust Deed agree that notwithstanding anything to the contrary contained herein:
(a) no payment Notwithstanding any other provision of any amount whatsoever this Agreement, the Servicer, the Special Servicer, the Collateral Manager, the Note Administrator, the Advancing Agent and the Trustee hereby agree and acknowledge that the obligations of the Issuer under this Agreement are limited recourse obligations of the Issuer payable solely from the Loans as contemplated hereby or in accordance with the Priority of Payments (as defined in the Indenture), and, following realization of all of the Loans, all obligations of the Issuer and all claims of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator and the Trustee against the Issuer under this Agreement shall be made by extinguished and shall not thereafter revive. Each of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator and the Trustee hereby agrees and acknowledges that the Issuer’s obligations hereunder will be solely the corporate obligations of the Issuer, and that none of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator or the Delegate or Trustee will have any shareholders, recourse to any of the directors, officers, employees, agents shareholders or affiliates on their behalf except Affiliates of the Issuer with respect to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Documentclaims, whether for the payment of any feelosses, indemnity damages, liabilities, indemnities or other amount hereunder or obligations in connection with any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished;transaction contemplated hereby.
(b) Notwithstanding any other provision of this Agreement, the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent and the Trustee may hereby agree not sellto file, transfercause the filing of or join in any petition in bankruptcy against the Issuer for the non-payment to the Servicer, assign the Special Servicer, the Collateral Manager, or otherwise dispose the Trustee of any amounts due pursuant to this Agreement until at least one year (or, if longer, the Trust Assets or applicable preference period then in effect (including any part thereof (save as permitted period established pursuant to the Transaction Documentslaws of the Cayman Islands)) to a third-partyand one day, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under after the Trust Assets payment in the manner expressly provided in the Transaction Documents;full of all Notes.
(c) if The provisions of this Section 9.12 shall survive the proceeds termination of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to this Agreement for any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished;
(d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.1reason whatsoever.
Appears in 1 contract
Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions Notwithstanding any other provision of this Master Trust DeedAgreement, each the Servicer, the Special Servicer, the Collateral Manager, the Note Administrator, the Advancing Agent and the Trustee hereby agree and acknowledge that the obligations of the parties Issuer under this Agreement from time to time and at any time are limited recourse obligations of the Issuer payable solely from the Collateral available at such time as contemplated hereby and in accordance with the Priority of Payments (as defined in the Indenture), and, following realization of all of the Collateral, all obligations of the Issuer and all claims of Servicer, the Special Servicer, the Collateral Manager, the Note Administrator, the Advancing Agent and the Trustee against the Issuer under this Master Trust Deed agree that notwithstanding anything to the contrary contained herein:
(a) no payment of any amount whatsoever Agreement shall be made by extinguished and shall not thereafter revive. Each of the Servicer, the Special Servicer, the Collateral Manager, the Note Administrator, the Advancing Agent and the Trustee hereby agrees and acknowledges that the Issuer’s obligations hereunder will be solely the corporate obligations of the Issuer, and that none of the Servicer, the Special Servicer, the Collateral Manager, the Advancing Agent, the Note Administrator or the Delegate or Trustee will have any shareholders, recourse to any of the directors, officers, employees, agents shareholders, incorporator or affiliates on their behalf except Affiliates of the Issuer with respect to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Documentclaims, whether for the payment of any feelosses, indemnity damages, liabilities, indemnities or other amount hereunder or any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished;
(b) the Trustee may not sell, transfer, assign or otherwise dispose of the Trust Assets or any part thereof (save as permitted pursuant to the Transaction Documents) to a third-party, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under the Trust Assets in the manner expressly provided in the Transaction Documents;
(c) if the proceeds of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished;
(d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.1transaction contemplated hereby.
Appears in 1 contract
Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions of this Master Trust Deed, each Each of the parties to this Master Trust Deed agree Trustee, the Agents, the Bank and the Delegate agrees that notwithstanding anything to the contrary contained herein:
(a) no payment of any amount whatsoever shall be made by the Trustee or the Delegate or any shareholders, of its directors, officers, employees, employees or agents or affiliates on their its behalf except to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders ;
(b) the Trustee may not deal with the Mudaraba Assets or realise or deal with its interest, rights, title, benefit and entitlement, present and future, in, to and under the Transaction Documents and the parties hereto further acknowledge and agree that Trust Assets except in the manner expressly permitted by the Transaction Documents;
(c) if the net proceeds of the realisation of, or enforcement with respect to, the Trust Assets are not sufficient to make all payments due hereunder, no recourse shall be had to any assets of the Trustee (other than the Trust Assets in the manner contemplated in the Transaction Documents) or of the Delegate or the Agents, or any of their respective affiliates in respect of any such shortfall, and no recourse shall be had, and none of the Bank, the Agents or the Delegate will have any claim, for the payment of any amount due and payable owing hereunder or under any Transaction Document, whether for the payment of any fee, indemnity or other amount hereunder or any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, exhausted (following which all obligations of the Trustee shall be extinguished;
(b) the Trustee may not sell, transfer, assign or otherwise dispose of the Trust Assets or any part thereof (save as permitted pursuant to the Transaction Documents) to a third-party, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under the Trust Assets in the manner expressly provided in the Transaction Documents;
(c) if the proceeds of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to any assets of the Trustee (other than the relevant Trust Assets) or of the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguishedAgents;
(d) no Certificateholders nor any party hereto it will be able to not petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, bankruptcy winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents this Agreement by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee under the Conditions and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the shareholders, members, officers, agents, directors or directors corporate services provider of the Trustee or the Delegate (as applicable) in each of their capacity respective capacities as such), save in the case of the relevant party’s their wilful default or actual fraud. Reference References in this subAgreement to wilful default or actual fraud means a finding to such effect by a court of competent jurisdiction in relation to the conduct of the relevant party; and
(f) it shall not be entitled to claim or exercise any right of set-Clause 19.1off, counterclaim, abatement or other similar remedy which it might otherwise have, under the laws of any jurisdiction, in respect of any sums due under this Agreement. No collateral is or will be given for the payment obligations under this Agreement or any of the other Transaction Documents.
Appears in 1 contract
Sources: Agency Agreement
Limited Recourse and Non-Petition. 19.1 In relation to each Series and generally in relation to the provisions of this Master Trust Deed, each of the parties to this Master Trust Deed agree that notwithstanding anything to the contrary contained herein:
(a) no payment Notwithstanding any other provision of any amount whatsoever this Agreement, the Servicer, the Special Servicer, the Collateral Manager and the Trustee hereby agree and acknowledge that the obligations of the Issuer under this Agreement are limited recourse obligations of the Issuer payable solely from the Collateral as contemplated hereby in accordance with the Priority of Payments, and, following realization of the Collateral, all obligations of, and all claims of the Servicer, the Special Servicer, the Collateral Manager and the Trustee against, the Issuer under this Agreement shall be made by extinguished and shall not thereafter revive. Each of the Issuer, the Servicer, the Special Servicer, the Collateral Manager, the Backup Servicer and the Trustee or hereby agrees and acknowledges that the Delegate or each party’s obligations hereunder will be solely the corporate obligations of such party, and that none of the such parties will have any recourse to any of the members, managers, shareholders, partners, directors, officers, employees, agents shareholders or affiliates on their behalf except Affiliates of such parties with respect to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Documentclaims, whether for the payment of any feelosses, indemnity damages, liabilities, indemnities or other amount hereunder or obligations in connection with any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished;transaction contemplated hereby.
(b) Notwithstanding any other provision of this Agreement, the Servicer, the Special Servicer, the Collateral Manager, the Backup Servicer and the Trustee may hereby agree not sellto cause the filing of a petition in bankruptcy against the Issuer for the non-payment to the Servicer, transferthe Special Servicer, assign the Collateral Manager, the Backup Servicer or otherwise dispose the Trustee of the Trust Assets or any part thereof (save as permitted amounts due pursuant to this Agreement until at least one year and one day, or, if longer, the Transaction Documents) to a third-partyapplicable preference period then in effect, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under after the Trust Assets payment in the manner expressly provided in the Transaction Documents;full of all CLO Notes.
(c) if The provisions of this Section 9.11 shall survive the proceeds termination of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to this Agreement for any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished;
(d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.1reason whatsoever.
Appears in 1 contract
Limited Recourse and Non-Petition. 19.1 18.1 In relation to each Series and generally in relation to the provisions of this Master Trust Deed, each of the parties to this Master Trust Deed agree that notwithstanding anything to the contrary contained herein:
(a) no payment of any amount whatsoever shall be made by the Trustee or the Delegate or any shareholders, directors, officers, employees, agents or affiliates on their behalf except to the extent funds are available therefor from the relevant Trust Assets. The Certificateholders and the parties hereto further acknowledge and agree that no recourse shall be had for the payment of any amount due and payable hereunder or under any Transaction Document, whether for the payment of any fee, indemnity or other amount hereunder or any other obligation or claim arising out of or based upon the Transaction Documents, against the Trustee to the extent the relevant Trust Assets have been exhausted, following which all obligations of the Trustee shall be extinguished;
(b) the Trustee may not sell, transfer, assign or otherwise dispose of the Trust Assets or any part thereof (save as permitted pursuant to the Transaction Documents) to a third-party, and may only realise its interests, rights, title, benefits and entitlements, present and future, in, to and under the Trust Assets in the manner expressly provided in the Transaction Documents;
(c) if the proceeds of the Trust Assets are insufficient to make all payments due in respect of the Certificates, Certificateholders and the parties hereto will have no recourse to any assets of the Trustee (other than the relevant Trust Assets) or the Delegate or the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates, in respect of any shortfall or otherwise and any unsatisfied claims of the Certificateholders shall be extinguished;
(d) no Certificateholders nor any party hereto will be able to petition for, institute, or join with any other person in instituting proceedings for, the reorganisation, arrangement, liquidation, bankruptcy, winding-up or receivership or other proceedings under any bankruptcy or similar law against the Trustee, the Delegate, the Agents or any of their respective directors, officers, employees, agents, shareholders or affiliates as a consequence of such shortfall or otherwise;
(e) no recourse (whether by institution or enforcement of any legal proceedings or assessment or otherwise) in respect of any breaches of any duty, obligation or undertaking of the Trustee or the Delegate arising under or in connection with the Transaction Documents by virtue of any customary law, statute or otherwise shall be had against any shareholder, officer, employee, agent, director or corporate services provider of the Trustee or the Delegate in their capacity as such. The obligations of the Trustee and the Delegate under the Transaction Documents are corporate or limited liability obligations of the Trustee or the Delegate (as applicable) and no personal liability shall attach to or be incurred by the officers, or directors of the Trustee or the Delegate (as applicable) in their capacity as such, save in the case of the relevant party’s wilful default or actual fraud. Reference in this sub-Clause 19.118.1
Appears in 1 contract
Sources: Master Trust Deed