Common use of SECURITY TRUSTEE ACTING Clause in Contracts

SECURITY TRUSTEE ACTING. Only the Security Trustee may enforce the provisions of the Security Trust Deed and neither the Note Trustee nor any holder of a US$ Note is entitled to proceed directly against the Trustee to enforce the performance of any of the provisions of the Security Trust Deed or of the US$ Notes (including the Conditions), provided that if the Security Trustee having become bound to take steps and/or to proceed under the Security Trust Deed, fails to do so within a reasonable time and such failure is continuing, the Note Trustee and/or US$ Noteholders (if entitled under the Transaction Documents to act in place of the Note Trustee) may proceed directly against the Trustee but then only if and to the extent the US$ Noteholders are able to do so under Australian law. The Security Trustee shall comply with all directions given to it by the Note Trustee pursuant to any power to give directions granted to the Note Trustee pursuant to this deed or to the Security Trust Deed provided that the Security Trustee has the power under the Security Trust -------------------------------------------------------------------------------- PAGE 17 NOTE TRUST DEED ▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇ -------------------------------------------------------------------------------- Deed to take the action contemplated by the direction, and the Security Trustee shall not be liable for all direct and indirect costs, expenses, losses, damages, liabilities or actions arising or resulting from any action or conduct undertaken or not taken by the Security Trustee or its officers, employees or agents including as a consequence of following those directions.

Appears in 1 contract

Sources: Note Trust Deed (Crusade Management LTD)

SECURITY TRUSTEE ACTING. Only the Security Trustee may enforce the provisions of the Security Trust Deed and neither the Note Trustee nor any holder of a US$ Note Class A Noteholder is entitled to proceed directly against the Trustee to enforce the performance of any of the provisions of the Security Trust Deed or of the US$ Class A Notes (including the relevant Conditions), provided that if the Security Trustee having become bound to take steps and/or to proceed under the Security Trust Deed, fails to do so within a reasonable time and such failure is continuing, the Note Trustee and/or US$ Class A Noteholders (if entitled under the Transaction Documents to act in place of the Note Trustee) may proceed directly against the Trustee but then only if and to the extent the US$ Class A Noteholders are able to do so under Australian lawthe Transaction Documents. The Security Trustee shall comply with all directions given to it by the Note Trustee pursuant to any power to give directions granted to the Note Trustee pursuant to this deed or to the Security Trust Deed provided that the Security Trustee has the power under the Security Trust -------------------------------------------------------------------------------- PAGE 17 NOTE TRUST DEED ▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇ -------------------------------------------------------------------------------- Deed to take the action contemplated by the direction, and the Security Trustee shall not be liable for all any direct and indirect costs, expenses, losses, damages, liabilities or actions arising or resulting from any action or conduct undertaken or not taken by the Security Trustee or its officers, employees or agents including as a consequence of following those directions.. -------------------------------------------------------------------------------- Page 15 Note Trust ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------------------------------------------------------------

Appears in 1 contract

Sources: Note Trust Deed (Interstar Securitisation Management Pty LTD)