CONSIDERATION OF THE INTERESTS OF THE BENEFICIARIES. (a) The Receivables Trustee shall, as regards all the powers, trusts, authorities, duties and discretions vested in it under this Deed or other Relevant Documents, except where expressly provided otherwise, have regard to the interests of the Investor Beneficiaries and the Transferor Beneficiaries. (b) Where, in the opinion of the Receivables Trustee, there is a conflict between the interests of certain Beneficiaries and the interests of any of the other Beneficiaries, the Receivables Trustee shall, notwithstanding anything to the contrary contained in this Deed or other Relevant Documents, have regard first to the interests of the Investor Beneficiaries (excluding any Enhancement Providers), then to the Transferor Beneficiaries and then to the interests of the Enhancement Providers and, subject to any other claims it may otherwise have against the Receivables Trustee including, without limitation, pursuant to Clauses 7.12 and 7.13, no Transferor Beneficiary or Enhancement Provider shall have a claim against the Receivables Trustee for so doing. (c) Notwithstanding (a) and (b) above, where the Receivables Trustee is required under this Deed or other Relevant Documents to have regard to the interests of an Investor Beneficiary in respect of any relevant Series (whether or not the Series in question relate to a single Investor Beneficiary or whether two or more of the Series in question relate to different Investor Beneficiaries) and where, in the opinion of the Receivables Trustee, there is a conflict between the interests of such Series, the Receivables Trustee shall be entitled to act in accordance with directions received from such Investor Beneficiaries pursuant to Clause 7.11 and no Investor Beneficiaries shall have any claim against the Receivables Trustee for so doing.
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Samples: Receivables Trust Deed and Trust Cash Management Agreement (Arran Funding LTD), Receivables Trust Deed and Trust Cash Management Agreement (Arran Funding LTD)
CONSIDERATION OF THE INTERESTS OF THE BENEFICIARIES. (a) The Receivables Trustee shall, as regards all the powers, trusts, authorities, duties and discretions vested in it under this Deed or other Relevant Documents, except where expressly provided otherwise, have regard to the interests of the Investor Beneficiaries Beneficiaries, the Transferor Beneficiaries, the Enhancement Providers and the Transferor Excess Interest Beneficiaries.
(b) Where, in the opinion of the Receivables Trustee, there is a conflict between the interests of certain Beneficiaries and the interests of any of the other Beneficiaries, the Receivables Trustee shall, notwithstanding anything to the contrary contained in this Deed or other Relevant Documents, have regard first to the interests of the Investor Beneficiaries (excluding any Enhancement Providers)Beneficiaries, then to the Transferor Beneficiaries and Beneficiaries, then to the interests of the Enhancement Providers and then to the interests of the Excess Interest Beneficiaries and, subject to any other claims it may otherwise have against the Receivables Trustee including, without limitation, pursuant to Clauses 7.12 and 7.13, no Transferor Beneficiary or Beneficiary, Enhancement Provider or Excess Interest Beneficiary shall have a claim against the Receivables Trustee for so doing.
(c) Notwithstanding (a) and (b) above, where the Receivables Trustee is required under this Deed or other Relevant Documents to have regard to the interests of an Investor Beneficiary in respect of any relevant Series (whether or not the Series in question relate to a single Investor Beneficiary or whether two or more each of the Series in question relate to different Investor BeneficiariesBeneficiaries (as among themselves) and where, in the opinion of the Receivables Trustee, there is a conflict between the interests of such Seriesthe Investor Beneficiaries (as between themselves), the Receivables Trustee shall be entitled to act in accordance with directions received from such Investor Beneficiaries pursuant to Clause 7.11 and no Investor Beneficiaries shall have any claim against the Receivables Trustee for so doing.
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Samples: Deed of Amendment and Restatement (Barclaycard Funding PLC), Trust and Cash Management Agreement (Gracechurch Receivables Trustee LTD)
CONSIDERATION OF THE INTERESTS OF THE BENEFICIARIES. (a) The Receivables Trustee shall, as regards all the powers, trusts, authorities, duties and discretions vested in it under this Deed or any other Relevant DocumentsDocument, except where expressly provided otherwise, have regard to the interests of the Investor Beneficiaries Beneficiaries, the Transferor Beneficiary and the Transferor BeneficiariesEnhancement Providers.
(b) Where, in the opinion of the Receivables Trustee, there is a conflict between the interests of certain Beneficiaries and the interests of any of the other Beneficiaries, the Receivables Trustee shall, notwithstanding anything to the contrary contained in this Deed or any other Relevant DocumentsDocument, have regard first to the interests of the Investor Beneficiaries (excluding any Enhancement Providers)Beneficiaries, then to the Transferor Beneficiaries Beneficiary and then to the interests of the Enhancement Providers and, subject to any other claims it may otherwise have against the Receivables Trustee including, without limitation, pursuant to Clauses 7.12 8.12 (Representations and 7.13Warranties of the Receivables Trustee) and 8.13 (Covenants by the Receivables Trustee), no neither the Transferor Beneficiary or nor any Enhancement Provider shall have a claim against the Receivables Trustee for so doing.
(c) Notwithstanding paragraphs (a) and (b) above, where the Receivables Trustee is required under this Deed or any other Relevant Documents Document to have regard to the interests of an Investor Beneficiary in respect of any relevant Series (whether or not the Series in question relate to a single Investor Beneficiary or whether two or more of the Series in question relate to different Investor Beneficiaries) Series, and where, in the opinion of the Receivables Trustee, where there is a conflict between the interests of such Investor Beneficiary in respect of such Series and the interests of an Investor Beneficiary in respect of any other Series, the Receivables Trustee shall be entitled to act in accordance with directions notice received from such the Investor Beneficiaries pursuant to Clause 7.11 8.11 (Rights of Investor Beneficiaries to Direct the Receivables Trustee) and no Investor Beneficiaries Beneficiary shall have any claim against the Receivables Trustee for so doing.
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CONSIDERATION OF THE INTERESTS OF THE BENEFICIARIES. (a) The Receivables Trustee shall, as regards all the powers, trusts, authorities, duties and discretions vested in it under this Deed or other Relevant Documents, except where expressly provided otherwise, have regard to the interests of the Investor Beneficiaries Beneficiaries, the Transferor Beneficiary and the Transferor BeneficiariesEnhancement Providers.
(b) Where, in the opinion of the Receivables Trustee, there is a conflict between the interests of certain Beneficiaries and the interests of any of the other Beneficiaries, except where expressly provided otherwise, the Receivables Trustee shall, notwithstanding anything to the contrary contained in this Deed or other Relevant Documents, shall have regard first to the interests of the Investor Beneficiaries (excluding any Enhancement Providers)Beneficiaries, then to the Transferor Beneficiaries Beneficiary and then to the interests of the Enhancement Providers and, subject to any other claims it may otherwise have against the Receivables Trustee including, without limitation, pursuant to Clauses 7.12 (Representations and 7.13Warranties of the Receivables Trustee) and 7.13 (Covenants by the Receivables Trustee), no Transferor Beneficiary or Enhancement Provider shall have a claim against the Receivables Trustee for so doing.
(c) Notwithstanding (a) and (b) above, where the Receivables Trustee is required under this Deed or other Relevant Transaction Documents to have regard to the interests of an the Investor Beneficiary Beneficiaries in respect of any relevant Related Debt or Trust Series (whether or not the Related Debt or Trust Series in question relate relates to a single Investor Beneficiary or whether two or more issuances of the Related Debt or Trust Series in question relate to different Investor Beneficiaries) and , except where expressly provided otherwise, where, in the opinion of the Receivables Trustee, there is a conflict between the interests of such Investor Beneficiaries in respect of such Related Debt or Trust Series, the Receivables Trustee shall be entitled to act in accordance with directions received from such the Investor Beneficiary or Investor Beneficiaries pursuant representing in aggregate more than 50%, of the Combined Aggregate Investor Interest (or, with respect to Clause 7.11 any remedy, trust or power that does not affect all Investor Beneficiaries, 50%, or more of the Investor Interests securing the affected Related Debt and/or Trust Series (or Classes comprised therein if applicable) to which such remedy, trust or power relates) and no Investor Beneficiaries shall have any claim against the Receivables Trustee for so doing.
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CONSIDERATION OF THE INTERESTS OF THE BENEFICIARIES. (a) The Receivables Trustee shall, as regards all the powers, trusts, authorities, duties and discretions vested in it under this Deed or other Relevant Transaction Documents, except where expressly provided otherwise, have regard to the interests of the Investor Beneficiaries Beneficiaries, the Transferor Beneficiary and the Transferor BeneficiariesEnhancement Providers.
(b) Where, in the opinion Where an Opinion of Counsel is obtained by the Receivables Trustee, Trustee to the effect that there is a conflict between the interests of certain Beneficiaries and the interests of any of the other Beneficiaries, the Receivables Trustee shall, notwithstanding anything to the contrary contained in this Deed or other Relevant Transaction Documents, have regard first to the interests of the Investor Beneficiaries (excluding any Enhancement Providers)Beneficiaries, then to the Transferor Beneficiaries Beneficiary and then to the interests of the Enhancement Providers and, subject to any other claims it may otherwise have against the Receivables Trustee including, without limitation, pursuant to Clauses 7.12 and 7.13, no neither the Transferor Beneficiary or nor any Enhancement Provider shall have a claim against the Receivables Trustee for so doing.
(c) Notwithstanding (a) and (b) above, where the Receivables Trustee is required under this Deed or other Relevant Transaction Documents to have regard to the interests of an the Investor Beneficiary Beneficiaries in respect of any relevant Related Debt or Series (whether or not the Related Debt or Series in question relate relates to a single Investor Beneficiary or whether two or more issuances of the Related Debt or Series in question relate to different Investor Beneficiaries) and where, in the opinion where an Opinion of Counsel is obtained by the Receivables Trustee, Trustee to the effect that there is a conflict between the interests of such Investor Beneficiaries in respect of such Related Debt or Series, the Receivables Trustee shall be entitled to act in accordance with directions received from such Investor Beneficiaries pursuant to Clause 7.11 and no Investor Beneficiaries shall have any claim against the Receivables Trustee for so doing.
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Samples: Receivables Trust Deed and Servicing Agreement (Turquoise Receivables Trustee LTD)