Common use of CMU SERVICE Clause in Contracts

CMU SERVICE. (1) The CMU Lodging and Paying Agent will lodge any CMU Notes with a sub-custodian for the CMU Service on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes credited to accountholders with the CMU Service prior to the interest payment dates and the maturity date of such Notes. (2) It is understood that, once any Note is lodged with the CMU Service, the terms of the CMU Rules will apply to such Note and to all transactions and operations effected through the CMU Service in relation to such Note including transactions relating to the lodgement, withdrawal or redemption of such Note. (3) The relevant Issuer authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent to observe and perform its obligations under the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent considers proper in connection with payments under and the redemption of any Note lodged with the CMU Service, including (but without limiting the generality of the foregoing): (a) authenticating such Note; and (b) making payments in respect of such Note in the manner prescribed by the CMU Rules, provided that the CMU Lodging and Paying Agent shall obtain the relevant Issuer's or (in the case of Guaranteed Notes) the Guarantor's, as the case may be, written approval before it takes such actions. (4) It is agreed that the obligations of the CMU Lodging and Paying Agent to make payments upon presentation to it of any Note or Coupon shall be suspended for so long as any Note is held by the CMU Service and that while any Note is held by the CMU Service, the CMU Lodging and Paying Agent shall make payments to the person(s) confirmed to it by the CMU Service in a CMU Instrument Position Report or otherwise prior to any relevant payment date as being credited with the interest(s) in such Note in accordance with the terms of the CMU Rules. Upon withdrawal of a CMU Note from the CMU Service, the CMU Lodging and Paying Agent shall arrange to make such endorsements to such CMU Note as would have been made in respect of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note have been made up to the date of withdrawal from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, and is aware of and bound by the terms of the CMU Rules. (6) The confirmations and acknowledgements in this clause 21 are given for the benefit of the relevant Issuer, the CMU Lodging and Paying Agent and the CMU Service and its servants and agents.

CMU SERVICE. (1) The CMU Lodging and Paying Agent will lodge any CMU Notes with a sub-custodian for the CMU Service on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes credited to accountholders with the CMU Service prior to the interest payment dates and the maturity date of such Notes. (2) It is understood that, once any Note is lodged with the CMU Service, the terms of the CMU Rules will apply to such Note and to all transactions and operations effected through the CMU Service in relation to such Note including transactions relating to the lodgement, withdrawal or redemption of such Note. (3) The relevant Issuer authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent to observe and perform its obligations under the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent considers proper in connection with payments under and the redemption of any Note lodged with the CMU Service, including (but without limiting the generality of the foregoing): (a) authenticating such Note; and (b) making payments in respect of such Note in the manner prescribed by the CMU Rules, provided that the CMU Lodging and Paying Agent shall obtain the relevant Issuer's or (in the case of Guaranteed Notes) the Guarantor's, as the case may be, ’s written approval before it takes such actions. (4) It is agreed that the obligations of the CMU Lodging and Paying Agent to make payments upon presentation to it of any Note or Coupon shall be suspended for so long as any Note is held by the CMU Service and that while any Note is held by the CMU Service, the CMU Lodging and Paying Agent shall make payments to the person(s) confirmed to it by the CMU Service in a CMU Instrument Issue Position Report or otherwise prior to any relevant payment date as being credited with the interest(s) in such Note in accordance with the terms of the CMU Rules. Upon withdrawal of a CMU Note from the CMU Service, the CMU Lodging and Paying Agent shall arrange to make such endorsements to such CMU Note as would have been made in respect of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note have been made up to the date of withdrawal from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, and is aware of and bound by the terms of the CMU Rules. (6) The confirmations and acknowledgements in this clause 21 are given for the benefit of the relevant Issuer, the CMU Lodging and Paying Agent and the CMU Service and its servants and agents.

CMU SERVICE. The following applies where a Paying Agent is acting as a lodging agent under the CMU Service (1) the “CMU Agent”): 15.1 The CMU Lodging Agent confirms that it is a member of the CMU Service pursuant to a CMU Membership Agreement (the “Membership Agreement”) between the CMU Agent and Paying the CMU Service and is aware of and bound by the terms of the CMU Rules. 15.2 The CMU Agent will lodge any CMU Notes the Global Instruments with a sub-custodian for the CMU Service as Lodging Agent (as that term is used in the CMU Rules) on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, SEK and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes the Instruments credited to accountholders with the CMU Service prior to the interest payment dates and the maturity date of such Notesthe Instruments. (2) 15.3 It is understood that, once any Note is the Instruments are lodged with the CMU Service, the terms of the CMU Rules will apply to such Note the Instruments and to all transactions and operations effected through the CMU Service in relation to such Note the Instruments including transactions relating to the lodgement, withdrawal or redemption of the Instruments and in particular (but without limiting the generality of the foregoing):- 15.3.1 that the CMU Service and its servants and agents are, with the limited exceptions expressly provided in the CMU Rules, exempt from liability caused directly or indirectly by the operation of the CMU Service and the CMU Service is entitled without liability to act without further enquiry on instructions or information or purported instructions or information received through the CMU Service or otherwise in accordance with the CMU Rules; 15.3.2 that the CMU Service is under no liability to any person (whether or not a member of the CMU Service) as a result of any actual or alleged defect or irregularity with respect to any Instrument lodged with or held in the CMU Service, any signature or purported signature appearing on any such NoteInstrument, any disposition or purported disposition of any such Instrument or any inconsistency of any such Instrument with the details specified in respect of that Instrument in the CMU Service. (3) 15.4 The relevant Issuer Fiscal Agent authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent fully to observe and perform its obligations under its Membership Agreement and the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent it considers proper in connection with payments under and the redemption of any Note lodged with the CMU ServiceInstruments, including (but without limiting the generality of the foregoing):foregoing):- 15.4.1 authenticating the Instruments (a) authenticating such Noteincluding authentication on withdrawal from the CMU Service); and (b) 15.4.2 making payments in respect of such Note the Instruments in the manner prescribed by the CMU Rules. 15.5 It is acknowledged that, provided that under the terms of the CMU Lodging and Paying Agent Rules, no further or other demand or presentment for payment of the Instruments shall obtain be required than the credit of the Instruments to the relevant Issuer's CMU Accounts of CMU Members (whether acting on their own behalf or (as paying agent) in accordance with the case of Guaranteed Notes) the Guarantor'sCMU Rules and, so long as the case may beInstruments are held by the CMU Service, written approval before it takes such actionsSEK, the Fiscal Agent and the Paying Agents waive the requirements for any further or other demand or presentment for payment. (4) 15.6 It is agreed that the obligations of the CMU Lodging and Paying Agent Agents to make payments upon presentation surrender to it them of any Note or Coupon Instrument and the obligation of the Fiscal Agent to endorse that Instrument shall be suspended for so long as any Note that Instrument is held by the CMU Service and that while any Note Instrument is held by the CMU Service, Service the CMU Lodging and Paying Agent Agents shall make payments to the person(s) confirmed to it them by the CMU Service in a CMU Instrument Position Report or otherwise prior to any relevant payment date as being credited with the interest(s) in such Note the relevant Instrument in accordance with the terms of the CMU Rules. Upon withdrawal of a In accordance with the CMU Note Rules, the Fiscal Agent will be notified prior to any Instrument being withdrawn from the CMU Service. Upon such notification, the CMU Lodging and Paying Fiscal Agent shall arrange to make such endorsements to such CMU Note the relevant Instrument as would have been made in respect of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note the Instrument have been made up to the date of withdrawal from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, and is aware of and bound by the terms of the CMU Rules. (6) 15.7 The confirmations and acknowledgements in this clause 21 Clause are given for the benefit of the relevant Issuer, the CMU Lodging SEK and Paying Agent and of the CMU Service and its servants and agents.

CMU SERVICE. (1) The CMU Lodging and Paying Agent will lodge any CMU Notes with a sub-custodian for the CMU Service on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes credited to accountholders ac c ountholder s with the CMU Service prior to the interest payment dates and the maturity date of such Notes. (2) It is understood that, once any Note is lodged with the CMU Service, the terms of the CMU Rules will apply to such Note and to all transactions and operations effected through the CMU Service Servic e in relation to such Note including transactions relating to the lodgement, withdrawal or redemption of such Note. (3) The relevant Issuer and (in the case of Guaranteed Notes) the Guarantor authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent to observe and perform its obligations under the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent considers proper in connection with payments under and the redemption of any Note lodged with the CMU Service, including (but without limiting the generality of the foregoing): (a) authenticating such Note; and (b) making payments in respect of such Note in the manner prescribed by the CMU Rules, provided that the CMU Lodging and Paying Agent shall obtain the relevant Issuer's or (in the case of Guaranteed Notes) the Guarantor's, as the case may be, written approval before it takes such actions. (4) It is agreed that the obligations of the CMU Lodging and Paying Agent to make payments upon presentation to it of any Note or Coupon shall be suspended for so long as any Note is held by the CMU Service and that while any Note is held by the CMU Service, the CMU Lodging and Paying Agent shall make payments either (i) to the person(s) confirmed to it by the CMU Service in a CMU Instrument Issue Position Report or otherwise or (ii) to the CMU and the CMU shall make payments directly to the person(s) show in the records of the CMU, in each case prior to any relevant payment date as being credited with the interest(s) in such Note in accordance with the terms of the CMU Rules. Upon withdrawal of a CMU Note from the CMU Service, the CMU Lodging and Paying Agent shall arrange to make such endorsements to such CMU Note as would have been made in respect respec t of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note have been made up to the date of withdrawal withdraw al from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant pur suant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, Service and is aware of and bound by the terms of the CMU Rules. (6) The confirmations and acknowledgements in this clause 21 are given for the benefit of the relevant Issuer, the CMU Lodging and Paying Agent and the CMU Service and its servants and agents.

CMU SERVICE. (1) The CMU Lodging and Paying Agent will lodge any CMU Notes with a sub-custodian for the CMU Service on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes credited to accountholders with the CMU Service prior to the interest payment dates and the maturity date of such Notes. (2) It is understood that, once any Note is lodged with the CMU Service, the terms of the CMU Rules will apply to such Note and to all transactions and operations effected through the CMU Service in relation to such Note including transactions relating to the lodgement, withdrawal or redemption of such Note. (3) The relevant Issuer authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent to observe and perform its obligations under the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent considers proper in connection with payments under and the redemption of any Note lodged with the CMU Service, including (but without limiting the generality of the foregoing): (a) authenticating such Note; and (b) making payments in respect of such Note in the manner prescribed by the CMU Rules, provided that the CMU Lodging and Paying Agent shall obtain the relevant Issuer's or (in the case of Guaranteed Notes) the Guarantor's, as the case may be, written approval before it takes such actions. (4) It is agreed that the obligations of the CMU Lodging and Paying Agent to make payments upon presentation to it of any Note or Coupon shall be suspended for so long as any Note is held by the CMU Service and that while any Note is held by the CMU Service, the CMU Lodging and Paying Agent shall make payments to the person(s) confirmed to it by the CMU Service in a CMU Instrument Position Report or otherwise prior to any relevant payment date as being credited with the interest(s) in such Note in accordance with the terms of the CMU Rules. Upon withdrawal of a CMU Note from the CMU Service, the CMU Lodging and Paying Agent shall arrange to make such endorsements to such CMU Note as would have been made in respect of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note have been made up to the date of withdrawal from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, Service and is aware of and bound by the terms of the CMU Rules. (6) The confirmations and acknowledgements in this clause 21 are given for the benefit of the relevant Issuer, the CMU Lodging and Paying Agent and the CMU Service and its servants and agents.

CMU SERVICE. (1) The CMU Lodging and Paying Agent will lodge any CMU Notes with a sub-custodian for the CMU Service on behalf of the relevant Issuer in accordance with the provisions of the Procedures Memorandum and the CMU Reference Manual, and will be nominated as paying agent to receive notification from the CMU Service in respect of interests in such Notes credited to accountholders with the CMU Service prior to the interest payment dates and the maturity date of such Notes. (2) It is understood that, once any Note is lodged with the CMU Service, the terms of the CMU Rules will apply to such Note and to all transactions and operations effected through the CMU Service in relation to such Note including transactions relating to the lodgement, withdrawal or redemption of such Note. (3) The relevant Issuer authorises the CMU Lodging and Paying Agent on its behalf to do all such acts and things and execute all such documents as may be required to enable the CMU Lodging and Paying Agent to observe and perform its obligations under the CMU Rules and to enter into any arrangement which the CMU Lodging and Paying Agent considers proper in connection with payments under and the redemption of any Note lodged with the CMU Service, including (but without limiting the generality of the foregoing): (a) authenticating such Note; and (b) making payments in respect of such Note in the manner prescribed by the CMU Rules, provided that the CMU Lodging and Paying Agent shall obtain the relevant Issuer's or (in the case of Guaranteed Notes) the Guarantor's, as the case may be, written approval before it takes such actions. (4) It is agreed that the obligations of the CMU Lodging and Paying Agent to make payments upon presentation to it of any Note or Coupon shall be suspended for so long as any Note is held by the CMU Service and that while any Note is held by the CMU Service, the CMU Lodging and Paying Agent shall make payments to the person(s) confirmed to it by the CMU Service in a CMU Instrument Issue Position Report or otherwise prior to any relevant payment date as being credited with the interest(s) in such Note in accordance with the terms of the CMU Rules. Upon withdrawal of a CMU Note from the CMU Service, the CMU Lodging and Paying Agent shall arrange to make such endorsements to such CMU Note as would have been made in respect of the CMU Note during such period as if it had not been lodged with the CMU Service or otherwise so as to confirm that all payments on such CMU Note have been made up to the date of withdrawal from the CMU Service. (5) The CMU Lodging and Paying Agent confirms that it is a member of the CMU Service pursuant to an agreement between the CMU Lodging and Paying Agent and the HKMA as operator of the CMU Service, and is aware of and bound by the terms of the CMU Rules. (6) The confirmations and acknowledgements in this clause 21 are given for the benefit of the relevant Issuer, the CMU Lodging and Paying Agent and the CMU Service and its servants and agents.