Common use of Additional Remuneration Clause in Contracts

Additional Remuneration. In the event of the occurrence of an Intercompany Loan Event of Default or a Potential Intercompany Loan Event of Default or the Security Trustee giving an Intercompany Loan Enforcement Notice or the Security Trustee using its reasonable endeavours to appoint and maintain an Authorised Third Party or considering it expedient or necessary or being requested by Funding to undertake duties which the Security Trustee and Funding agree to be of an exceptional nature or otherwise outside the scope of the normal duties of the Security Trustee under this Second Priority Funding Deed of Charge, Funding shall pay to the Security Trustee such additional remuneration as shall be agreed between them. In the event of the Security Trustee failing to agree upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Security Trustee under this Second Priority Funding Deed of Charge, or upon such additional remuneration, then such matter shall be determined by a merchant bank (acting as an expert and not as an arbitrator) selected by the Security Trustee and approved by Funding or, failing such approval, nominated (on the application of the Security Trustee) by the President for the time being of the Law Society of England and Wales (the expense involved in such nomination and the fees of such merchant bank being payable by Funding) and the determination of any such merchant bank shall be final and binding upon the Security Trustee and Funding.

Additional Remuneration. In the event of the occurrence of an Intercompany Loan Event of Default or a Potential Intercompany Loan Event of Default or the Security Trustee giving an Intercompany Loan Enforcement Notice or the Security Trustee using its reasonable endeavours to appoint and maintain an Authorised Third Party or considering it expedient or necessary or being requested by Funding to undertake duties which the Security Trustee and Funding agree to be of an exceptional nature or otherwise outside the scope of the normal duties of the Security Trustee under this Second Priority Funding Deed of Charge, Funding shall pay to the Security Trustee such additional remuneration as shall be agreed between them. In the event of the Security Trustee failing to agree upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Security Trustee under this Second Priority Funding Deed of Charge, or upon such additional remuneration, then such matter shall be determined by a merchant bank (acting as an expert and not as an arbitrator) selected by the Security Trustee and approved by Funding or, failing such approval, nominated (on the application of the Security Trustee) by the President for the time being of the Law Society of England and Wales (the expense involved in such nomination and the fees of such merchant bank being payable by Funding) and the determination of any such merchant bank shall be final and binding upon the Security Trustee and Funding.