Common use of Security, Enforcement and Limited Recourse Clause in Contracts

Security, Enforcement and Limited Recourse. 12.1 Party A agrees with Party B and the Master Issuer Security Trustee to be bound by the terms of the Master Issuer Deed of Charge and, in particular, confirms that: (a) other than pursuant to the Credit Support Annex or payment of any amount in respect of a cash benefit related to a Tax Credit under this Agreement, no sum shall be payable by or on behalf of Party B to it except in accordance with the provisions of the Master Issuer Deed of Charge; and (b) it will not take any steps for the winding up, dissolution or reorganisation, or for the appointment of a receiver, administrator, administrative receiver, trustee, liquidator, sequestrator or similar officer of Party B or of any or all of its revenues and assets nor participate in any ex parte proceedings nor seek to enforce any judgment against Party B, subject to the provisions of the Master Issuer Deed of Charge. 12.2 In relation to all sums due and payable by Party B to Party A (other than the return of collateral under the Credit Support Annex or in respect of a Tax Credit), Party A agrees that it shall have recourse only to Master Issuer Available Funds, but always subject to the order of priority of payments set out in the Master Issuer Cash Management Agreement and the Master Issuer Deed of Charge.

Appears in 13 contracts

Sources: Termination Agreement, Termination Agreement, Isda Master Agreement (Holmes Master Issuer)

Security, Enforcement and Limited Recourse. 12.1 (i) Party A agrees with Party B and the Master Issuer Security Trustee to be bound by the terms of the Master Issuer Deed of Charge and, in particular, confirms that: : (aA) other than pursuant to the Credit Support Annex or payment of any amount in respect of a cash benefit related to a Tax Credit under this Agreement, no sum shall will be payable by or on behalf of Party B to it except in accordance with the provisions of the Master Issuer Deed of Charge; and and (bB) it will not take any steps for the winding up, dissolution or reorganisation, reorganisation or for the appointment of a receiver, administrator, administrative receiver, trustee, liquidator, sequestrator or similar officer of Party B or of any or all of its revenues and assets nor participate in any ex parte proceedings nor seek to enforce any judgment against Party B, subject to the provisions of the Master Issuer Deed of Charge. 12.2 (ii) In relation to all sums due and payable by Party B to Party A (other than the return of collateral under the Credit Support Annex or in respect of a Tax Credit)A, Party A agrees that (without prejudice to its rights to have collateral returned to it shall in accordance with the provisions of the Credit Support Annex) it will have recourse only to Master Issuer Available Funds, but always subject to the order of priority of payments set out in the Master Issuer Cash Management Agreement and the Master Issuer Deed of Charge.

Appears in 7 contracts

Sources: Isda Master Agreement (Permanent Master Issuer PLC), Isda Master Agreement (Permanent Master Issuer PLC), Isda Master Agreement (Permanent Funding (No. 2) LTD)

Security, Enforcement and Limited Recourse. 12.1 (i) Party A agrees with Party B and the Master Issuer Security Trustee to be bound by the terms of the Master Issuer Deed of Charge and, in particular, confirms that: (aA) other than pursuant to the Credit Support Annex as contemplated in Part 5(7) or payment of any amount in respect of a cash benefit related to a Tax Credit under this Agreement, no sum shall be payable by or on behalf of Party B to it except in accordance with the provisions of the Master Issuer Deed of Charge; and (bB) it will not take any steps for the winding up, dissolution or reorganisation, or for the appointment of a receiver, administrator, administrative receiver, trustee, liquidator, sequestrator or similar officer of Party B or of any or all of its revenues and assets nor participate in any ex parte proceedings nor seek to enforce any judgment against Party B, subject to the provisions of the Master Issuer Deed of Charge. 12.2 (ii) In relation to all sums due and payable by Party B to Party A (other than the return of collateral under the Credit Support Annex or in respect of a Tax CreditAnnex), Party A agrees that it shall have recourse only to Master Issuer Available Funds, but always subject to the order of priority of payments set out in the Master Issuer Cash Management Agreement and the Master Issuer Deed of Charge.

Appears in 1 contract

Sources: Isda Master Agreement (Holmes Master Issuer)

Security, Enforcement and Limited Recourse. 12.1 Party A agrees with Party B and the Master Issuer Security Trustee to be bound by the terms of the Master Issuer Deed of Charge and, in particular, confirms that: (a) other than pursuant to the Credit Support Annex as contemplated in Part 5(7) or payment of any amount in respect of a cash benefit related to a Tax Credit under this Agreement, no sum shall be payable by or on behalf of Party B to it except in accordance with the provisions of the Master Issuer Deed of Charge; and (b) it will not take any steps for the winding up, dissolution or reorganisation, or for the appointment of a receiver, administrator, administrative receiver, trustee, liquidator, sequestrator or similar officer of Party B or of any or all of its revenues and assets nor participate in any ex parte proceedings nor seek to enforce any judgment against Party B, subject to the provisions of the Master Issuer Deed of Charge. 12.2 In relation to all sums due and payable by Party B to Party A (other than the return of collateral under the Credit Support Annex or in respect of a Tax CreditAnnex), Party A agrees that it shall have recourse only to Master Issuer Available Funds, but always subject to the order of priority of payments set out in the Master Issuer Cash Management Agreement and the Master Issuer Deed of Charge.

Appears in 1 contract

Sources: Novation Agreement (Holmes Master Issuer)

Security, Enforcement and Limited Recourse. 12.1 (i) Party A agrees with Party B and the Master Issuer Security Trustee to be bound by the terms of the Master Issuer Deed of Charge and, in particular, confirms that: : (aA) other than pursuant to the Credit Support Annex as contemplated in Part 5(f) or payment of any amount in respect of a cash benefit related to a Tax Credit under this Agreement, no sum shall will be payable by or on behalf of Party B to it except in accordance with the provisions of the Master Issuer Deed of Charge; and and (bB) it will not take any steps for the winding up, dissolution or reorganisation, reorganisation or for the appointment of a receiver, administrator, administrative receiver, trustee, liquidator, sequestrator or similar officer of Party B or of any or all of its revenues and assets nor participate in any ex parte proceedings nor seek to enforce any judgment against Party B, subject to the provisions of the Master Issuer Deed of Charge. 12.2 (ii) In relation to all sums due and payable by Party B to Party A (other than Tax Credits and the return or transfer of collateral under the Credit Support Annex or in respect of a Tax CreditAnnex), Party A agrees that it shall will have recourse only to Master Issuer Available Funds, but always subject to the order of priority of payments set out in the Master Issuer Cash Management Agreement and the Master Issuer Deed of Charge.

Appears in 1 contract

Sources: Isda Master Agreement (Permanent Funding (No. 2) LTD)