Limited Recourse and Non-Petition. AP hereby agrees that it shall have recourse in respect of any claim under this Agreement only to sums derived from the Secured Property relating to the relevant Pool, subject always to the Security (as defined in the relevant Security Deed) and any such claim by AP shall be reduced pro rata so that the total of all such claims does not exceed the aggregate value of the Secured Property relating to the relevant Pool after meeting claims secured on it. The Trustee (or any other secured party) having realised the same, neither AP nor any person acting on its behalf shall be entitled to take any further steps against CSL to recover any further sums and no debt shall be owed by CSL to such person in respect of any such further sum. In particular, AP shall not be entitled to institute, or join with any other person in bringing, instituting or joining, insolvency proceedings (whether court based or otherwise) in relation to CSL, nor shall it have any claim in respect of any sum arising in respect of the Secured Property for any other Pool or any other assets of CSL including, but not limited to, any sums derived from or in connection with any Short and Leveraged Commodity Securities.
Appears in 2 contracts
Sources: Authorised Participant Agreement, Authorised Participant Agreement
Limited Recourse and Non-Petition. AP hereby agrees that it shall have recourse in respect of any claim under this Agreement only to sums derived from the Secured Property relating to the relevant Pool, subject always to the Security (as defined in the relevant Security Deed) in respect thereof and any such claim by AP shall be reduced pro rata so that the total of all such claims does not exceed the aggregate value of the Secured Property relating to the relevant Pool after meeting claims secured on it. The Trustee (or any other secured party) having realised the same, neither AP nor any person acting on its behalf shall be entitled to take any further steps against CSL HCSL to recover any further sums and no debt shall be owed by CSL HCSL to such person in respect of any such further sum. In particular, AP shall not be entitled to institute, or join with any other person in bringing, instituting or joining, insolvency proceedings (whether court based or otherwise) in relation to CSLHCSL, nor shall it have any claim in respect of any sum arising in respect of the Secured Property for any other Pool or any other assets of CSL including, but not limited to, any sums derived from or in connection with any Short and Leveraged Commodity SecuritiesHCSL.
Appears in 2 contracts
Sources: Authorised Participant Agreement, Authorised Participant Agreement
Limited Recourse and Non-Petition. AP hereby agrees that it shall have recourse in respect of any claim under this Agreement only to sums derived from the Secured Property relating to the relevant Pool, subject always to the Security (as defined in the relevant Security Deed) and any such claim by AP shall be reduced pro rata so that the total of all such claims does not exceed the aggregate value of the Secured Property relating to the relevant Pool after meeting claims secured on it. The Trustee (or any other secured party) having realised the same, neither AP nor any person acting on its behalf shall be entitled to take any further steps against CSL to recover any further sums and no debt shall be owed by CSL to such person in respect of any such further sum. In particular, AP shall not be entitled to institute, or join with any other person in bringing, instituting or joining, insolvency proceedings (whether court based or otherwise) in relation to CSL, nor shall it have any claim in respect of any sum arising in respect of the Secured Property for any other Pool or any other assets of CSL including, but not limited to, any sums derived from or in connection with any Short Classic and Leveraged Commodity Forward Securities.
Appears in 2 contracts
Sources: Authorised Participant Agreement, Authorised Participant Agreement