DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen & Overy and Slaughter and May on [__], 2002 (as the same xxx xe axxxxxd, vaxxxx xx xupplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE 2 of that Amended and Restated Master Definitions and Construction Schedule. 1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 of the Mortgages Trust Deed. 1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the terms of the Transaction Documents are, so far as xxxxxxxble, incorporated herein. 1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Holmes Financing No 6 PLC)
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Fourth Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen & Overy LLP and Slaughter and May on [__], 2002 o] 2008 (as the same xxx xe axxxxxdxxxx may xx xmended, vaxxxx xx xupplemented varied ox supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Fourth Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Fourth Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the terms of the Transaction Documents are, so far as xxxxxxxblexx xxxxicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 2001, as amended and restated on 7th November, 2002, as amended and restated on 26th March, 2003, as amended and restated on 1st April, 2004, as amended and restated on 8th December, 2005, and as amended and restated on 28th November, 2006 (the "PRINCIPAL AGREEMENT"). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Fourteenth Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Xxxxx & Overy Xxxxx LLP and Slaughter and May Ashurst LLP on [__], 2002 or about the date hereof (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, Clause 3 of the Fourteenth Amended and Restated Master Definitions and Construction Schedule is expressly and specifically incorporated herein and the expressions defined in the Fourteenth Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE clause 2 (Interpretation and Construction) of that Fourteenth Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 clause 15.2 (Directions from Beneficiaries) of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Xxx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 26 July 2000 between the parties hereto as amended amended, restated and/or supplemented on 29th November, 29 November 2000, 23 May 2001, 5 July 2001, 8 November 2001, 7 November 2002, 26 March 2003, 1 April 2004, 8 December 2005, 28 November 2006, 20 March 2008, 19 December 2008, 16 July 2009, 8 October 2010, 12 November 2010, 29 June 2012, 29 August 2013, 18 December 2014, 18 April 2016 and 6 March 2018 (the Principal Agreement). Save as amended or modified by this Agreement, the Principal Agreement shall continue in full force and restated effect but on 23rd Maythe basis that its terms are, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of from the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by those set out in this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen & Overy and Slaughter and May on [__o], 2002 2004 (as the same xxx xe axxxxxdmxx xx amxxxxx, vaxxxx xx xupplemented supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the terms of the Transaction Documents are, so far as xxxxxxxblexx xxxxxcable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 2001, as amended and restated on 7th November, 2002 and as amended and restated on 26th March, 2003 (the "PRINCIPAL AGREEMENT"Principal Agreement). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Holmes Financing No 8 PLC)
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Eighteenth Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Xxxxx & Overy Xxxxx LLP and Slaughter and May Ashurst LLP on [__], 2002 or about the date hereof (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, Clause 3 of the Eighteenth Amended and Restated Master Definitions and Construction Schedule is expressly and specifically incorporated herein and the expressions defined in the Eighteenth Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE clause 2 (Interpretation and Construction) of that Eighteenth Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 clause 15.2 (Directions from Beneficiaries) of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Xxx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 26 July 2000 between the parties hereto as amended amended, restated and/or supplemented on 29th November, 29 November 2000, 23 May 2001, 5 July 2001, 8 November 2001, 7 November 2002, 26 March 2003, 1 April 2004, 8 December 2005, 28 November 2006, 20 March 2008, 19 December 2008, 16 July 2009, 8 October 2010, 12 November 2010, 29 June 2012, 29 August 2013, 18 December 2014, 18 April 2016, 6 March 2018, 24 May 2019, 5 June 2020 and 30 June 2021 (the Principal Agreement). Save as amended or modified by this Agreement, the Principal Agreement shall continue in full force and restated effect but on 23rd Maythe basis that its terms are, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of from the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by those set out in this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Xxxxx & Overy Xxxxx and Slaughter Xxxxxxxxx and May on [__]{circle} March, 2002 (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Xxx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 and as amended and restated on 7th November, 2002 (the "PRINCIPAL AGREEMENT"). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Holmes Financing No 7 PLC)
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen & Overy LLP and Slaughter and May on [__]8 December, 2002 2005 (as the same ax xxx xe axxxxxdsaxx xxy be amended, vaxxxx xx xupplemented or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the terms of the Transaction Documents are, so far as xxxxxxxbleax xxxxxxable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 2001, as amended and restated on 7th November, 2002, as amended and restated on 26th March, 2003 and as amended and restated on 1st April, 2004 (the "PRINCIPAL AGREEMENT"). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC)
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Axxxx & Overy Oxxxx LLP and Slaughter Sxxxxxxxx and May on [__]28 November, 2002 2006 (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Axx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 2001, as amended and restated on 7th November, 2002, as amended and restated on 26th March, 2003, as amended and restated on 1st April, 2004, and as amended and restated on 8th December, 2005 (the "PRINCIPAL AGREEMENT"Principal Agreement). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Axxxx & Overy Oxxxx LLP and Slaughter Sxxxxxxxx and May on [__*], 2002 2005 (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, the expressions defined in the Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE Clause 2 of that Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 Clause 15.2 of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Axx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 2000 between the parties hereto as amended on 29th November, 2000, as amended and restated on 23rd May, 2001 as amended and restated on 5th July, 2001 and 2001, as amended and restated on 8th November, 2001 2001, as amended and restated on 7th November, 2002, as amended and restated on 26th March, 2003 and as amended and restated on 1st April, 2004 (the "PRINCIPAL AGREEMENT"). As of the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC)
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Seventeenth Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Xxxxx & Overy Xxxxx LLP and Slaughter and May Ashurst LLP on [__], 2002 or about the date hereof (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, Clause 3 of the Seventeenth Amended and Restated Master Definitions and Construction Schedule is expressly and specifically incorporated herein and the expressions defined in the Seventeenth Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE clause 2 (Interpretation and Construction) of that Seventeenth Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 clause 15.2 (Directions from Beneficiaries) of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Xxx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 26 July 2000 between the parties hereto as amended amended, restated and/or supplemented on 29th November, 29 November 2000, 23 May 2001, 5 July 2001, 8 November 2001, 7 November 2002, 26 March 2003, 1 April 2004, 8 December 2005, 28 November 2006, 20 March 2008, 19 December 2008, 16 July 2009, 8 October 2010, 12 November 2010, 29 June 2012, 29 August 2013, 18 December 2014, 18 April 2016, 6 March 2018, 24 May 2019 and 5 June 2020 (the Principal Agreement). Save as amended or modified by this Agreement, the Principal Agreement shall continue in full force and restated effect but on 23rd Maythe basis that its terms are, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of from the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by those set out in this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Twenty-First Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen & Overy Xxxxx Xxxxx Xxxxxxxx Xxxxxxxx LLP and Slaughter and May Ashurst LLP on [__], 2002 or about the date hereof (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, Clause 3 of the Twenty-First Amended and Restated Master Definitions and Construction Schedule is expressly and specifically incorporated herein and the expressions defined in the Twenty-First Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE clause 2 (Interpretation and Construction) of that Twenty-First Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 clause 15.2 (Directions from Beneficiaries) of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 26 July 2000 between the parties hereto as amended amended, restated and/or supplemented on 29th November, 29 November 2000, 23 May 2001, 5 July 2001, 8 November 2001, 7 November 2002, 26 March 2003, 1 April 2004, 8 December 2005, 28 November 2006, 20 March 2008, 19 December 2008, 16 July 2009, 8 October 2010, 12 November 2010, 29 June 2012, 29 August 2013, 18 December 2014, 18 April 2016, 6 March 2018, 24 May 2019, 5 June 2020, 30 June 2021 and 24 May 2022 (the Principal Agreement). Save as amended or modified by this Agreement, the Principal Agreement shall continue in full force and restated effect but on 23rd Maythe basis that its terms are, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of from the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by those set out in this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement
DEFINITIONS, CONSTRUCTION AND AMENDMENT AND RESTATEMENT. 1.1 The Sixteenth Amended and Restated Master Definitions and Construction Schedule signed for the purposes of identification by Allen Xxxxx & Overy Xxxxx LLP and Slaughter and May Ashurst LLP on [__], 2002 or about the date hereof (as the same xxx xe axxxxxdmay be amended, vaxxxx xx xupplemented varied or supplemented from time to time with the consent of the parties hereto) is expressly and specifically incorporated into this Agreement and, accordingly, Clause 3 of the Sixteenth Amended and Restated Master Definitions and Construction Schedule is expressly and specifically incorporated herein and the expressions defined in the Sixteenth Amended and Restated Master Definitions and Construction Schedule (as so amended, varied or supplemented) shall, except where the context otherwise requires and save where otherwise defined herein, have the same meanings in this Agreement, including the Recitals hereto and this Agreement shall be construed in accordance with the interpretation provisions set out in CLAUSE clause 2 (Interpretation and Construction) of that Sixteenth Amended and Restated Master Definitions and Construction Schedule.
1.2 Any reference in this Agreement to any discretion, power, right, duty or obligation on the part of the Mortgages Trustee shall be as exercised by the Mortgages Trustee subject in each case to the provisions of CLAUSE 13.2 clause 15.2 (Directions from Beneficiaries) of the Mortgages Trust Deed.
1.3 For the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989Xxx 0000, the terms of the Transaction Documents are, so far as xxxxxxxbleapplicable, incorporated herein.
1.4 This Agreement amends and restates the Mortgage Sale Agreement made on 26th July, 26 July 2000 between the parties hereto as amended amended, restated and/or supplemented on 29th November, 29 November 2000, 23 May 2001, 5 July 2001, 8 November 2001, 7 November 2002, 26 March 2003, 1 April 2004, 8 December 2005, 28 November 2006, 20 March 2008, 19 December 2008, 16 July 2009, 8 October 2010, 12 November 2010, 29 June 2012, 29 August 2013, 18 December 2014, 18 April 2016, 6 March 2018 and 24 May 2019 (the Principal Agreement). Save as amended or modified by this Agreement, the Principal Agreement shall continue in full force and restated effect but on 23rd Maythe basis that its terms are, 2001 as amended and restated on 5th July, 2001 and as amended and restated on 8th November, 2001 (the "PRINCIPAL AGREEMENT"). As of from the date of this Agreement, any future rights or obligations (excluding such obligations accrued to the date of this Agreement) of a party under the Principal Agreement shall be extinguished and shall instead be governed by those set out in this Agreement.
Appears in 1 contract
Samples: Mortgage Sale Agreement