Common use of Administrative receiver Clause in Contracts

Administrative receiver. (a) Notwithstanding any term of this Deed, subject to paragraph (b) below, the Funding 1 Security Trustee must enforce the Funding 1 Security by appointing an administrative receiver in respect of Funding 1 if it has actual notice of: (i) an application for the appointment of an administrator in respect of Funding 1; or (ii) the giving of a notice of intention to appoint an administrator in respect of Funding 1, and that appointment shall take effect not later than the final day by which it must take effect in order to prevent an administration proceeding. (b) The Funding 1 Security Trustee is not liable for any failure to appoint or delay in appointing an administrative receiver in respect of Funding 1, save in the case of its own gross negligence, wilful default or fraud and, for the avoidance of doubt: (i) nothing in this Clause 8.2 (Administrative receiver) shall be construed so as to impose on the Funding 1 Security Trustee any obligation to indemnify any administrative receiver appointed by it pursuant to this Clause 8.2 (Administrative receiver) except to the extent of (and from) the cash and assets comprising the Funding 1 Security held by the Funding 1 Security Trustee at such time; (ii) the Funding 1 Security Trustee shall have no liability if, having used its reasonable endeavours, it is unable to find a person who is willing to be appointed as an administrative receiver on the terms as to indemnification referred to in paragraph (b)(i) above; and (iii) subject to Clause 13.1(d), the Funding 1 Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed. (c) The Funding 1 Security Trustee shall not be liable to any Funding 1 Secured Creditor for any action it may take in accordance with paragraph (a) above. (d) Funding 1 hereby waives any claims against the Funding 1 Security Trustee in respect of any appointment made pursuant to this Clause 8.2 (Administrative receiver).

Administrative receiver. (a) Notwithstanding any term of this Deed, subject to paragraph (b) below, the Funding 1 Issuer Security Trustee must enforce the Funding 1 Issuer Security by appointing an administrative receiver in respect of Funding 1 the Issuer if it has actual notice of: (i) an application for the appointment of an administrator in respect of Funding 1the Issuer; or (ii) the giving of a notice of intention to appoint an administrator in respect of Funding 1the Issuer, and (iii) subject to Clause 13.1(c), the Issuer Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed, and that appointment shall take effect not later than the final day by which it must take effect in order to prevent an administration proceeding. (b) The Funding 1 Issuer Security Trustee is not liable for any failure to appoint or delay in appointing an administrative receiver in respect of Funding 1the Issuer, save in the case of its own gross negligence, wilful default or fraud and, for the avoidance of doubt: (i) nothing in this Clause 8.2 (Administrative receiver) shall be construed so as to impose on the Funding 1 Issuer Security Trustee any obligation to indemnify any administrative receiver appointed by it pursuant to this Clause 8.2 (Administrative receiver) except to the extent of (and from) the cash and assets comprising the Funding 1 Issuer Security held by the Funding 1 Issuer Security Trustee at such time;; and (ii) the Funding 1 Issuer Security Trustee shall have no liability if, having used its reasonable endeavours, it is unable to find a person who is willing to be appointed as an administrative receiver on the terms as to indemnification referred to in paragraph (b)(i) above; and (iii) subject to Clause 13.1(d), the Funding 1 Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed. (c) The Funding 1 Issuer Security Trustee shall not be liable to any Funding 1 Issuer Secured Creditor for any action it may take in accordance with paragraph (a) above. (d) Funding 1 The Issuer hereby waives any claims against the Funding 1 Issuer Security Trustee in respect of any appointment made pursuant to this Clause 8.2 (Administrative receiver)8.2.

Administrative receiver. (a) Notwithstanding any term of this Deed, subject to paragraph (b) below, the Funding 1 Issuer Security Trustee must enforce the Funding 1 Issuer Security by appointing an administrative receiver in respect of Funding 1 the Issuer if it has actual notice of: (i) an application for the appointment of an administrator in respect of Funding 1the Issuer; or (ii) the giving of a notice of intention to appoint an administrator in respect of Funding 1, the Issuer. and that appointment shall take effect not later than the final day by which it must take effect in order to prevent an administration proceeding. (b) The Funding 1 Issuer Security Trustee is not liable for any failure to appoint or delay in appointing an administrative receiver in respect of Funding 1the Issuer, save in the case of its own gross negligence, wilful default or fraud and, for the avoidance of doubt: (i) nothing in this Clause 8.2 (Administrative receiver) shall be construed so as to impose on the Funding 1 Issuer Security Trustee any obligation to indemnify any administrative receiver appointed by it pursuant to this Clause 8.2 (Administrative receiver) except to the extent of (and from) the cash and assets comprising the Funding 1 Issuer Security held by the Funding 1 Issuer Security Trustee at such time;; and (ii) the Funding 1 Issuer Security Trustee shall have no liability if, having used its reasonable endeavours, it is unable to find a person who is willing to be appointed as an administrative receiver on the terms as to indemnification referred to in paragraph (b)(i) above; and (iii) subject to Clause 13.1(d), the Funding 1 Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed. (c) The Funding 1 Issuer Security Trustee shall not be liable to any Funding 1 Issuer Secured Creditor for any action it may take in accordance with paragraph (a) above. (d) Funding 1 The Issuer hereby waives any claims against the Funding 1 Issuer Security Trustee in respect of any appointment made pursuant to this Clause 8.2 (Administrative receiver)8.2.

Administrative receiver. (a) Notwithstanding any term of this Deed, subject to paragraph (b) below, the Funding 1 Master Issuer Security Trustee must enforce the Funding 1 Master Issuer Security by appointing an administrative receiver in respect of Funding 1 the Master Issuer if it has actual notice of: (i) an application for the appointment of an administrator in respect of Funding 1the Master Issuer; or (ii) the giving of a notice of intention to appoint an administrator in respect of Funding 1the Master Issuer, and that appointment shall take effect not later than the final day by which it must take effect in order to prevent an administration proceeding. (b) The Funding 1 Master Issuer Security Trustee is not liable for any failure to appoint or delay in appointing an administrative receiver in respect of Funding 1the Master Issuer, save in the case of its own gross negligence, wilful default or fraud and, for the avoidance of doubt: (i) nothing in this Clause 8.2 (Administrative receiver) shall be construed so as to impose on the Funding 1 Master Issuer Security Trustee any obligation to indemnify any administrative receiver appointed by it pursuant to this Clause 8.2 (Administrative receiver) except to the extent of (and from) the cash and assets comprising the Funding 1 Master Issuer Security held by the Funding 1 Master Issuer Security Trustee at such time;; and (ii) the Funding 1 Master Issuer Security Trustee shall have no liability if, having used its reasonable endeavours, it is unable to find a person who is willing to be appointed as an administrative receiver on the terms as to indemnification referred to in paragraph (b)(i) above; and (iii) subject to Clause 13.1(d), the Funding 1 Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed. (c) The Funding 1 Master Issuer Security Trustee shall not be liable to any Funding 1 Master Issuer Secured Creditor for any action it may take in accordance with paragraph (a) above. (d) Funding 1 The Master Issuer hereby waives any claims against the Funding 1 Master Issuer Security Trustee in respect of any appointment made pursuant to this Clause 8.2 (Administrative receiver)8.2.