Common use of Disapplication Clause in Contracts

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 5 contracts

Samples: Facility Agreement (Danaos Corp), Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)

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Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 4 contracts

Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Deed. Where there are any inconsistencies between the Trustee Xxx 0000 Acts and the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Deed, the provisions of such Finance Document this Deed shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document this Deed shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 4 contracts

Samples: Intercreditor Deed (Hertz Global Holdings Inc), Priority Agreement (JSG Funding PLC), Priority Agreement (Smurfit Kappa Acquisitions)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document this Agreement save to the extent required by law. Where there are any inconsistencies between the Trustee Xxx 0000 and or the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 4 contracts

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Sappi LTD)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 Act 1925 or the Trustee Act 2000 and the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000Act 2000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 4 contracts

Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Senior Facilities Agreement (Liberty Global PLC)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts any trust constituted by any Finance Document save to the extent required by lawthis Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 and or the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 2 contracts

Samples: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act.the

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cascal N.V.), Amendment and Restatement Agreement (Cascal N.V.)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Deed. Where there are any inconsistencies between the Trustee Xxx Axx 0000 or the Trustee Axx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Deed, the provisions of such Finance Document this Deed shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx Axx 0000, the provisions of such Finance Document this Deed shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 1 contract

Samples: Loan Note Agreement (Weather Investments II S.a.r.l.)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Agreement. Where there are any inconsistencies between the Trustee Xxx Acx 0000 and xr the Trustee Xxx Acx 0000 and xnd the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx Acx 0000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.)

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Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx Acx 0000 and xnd the Trustee Xxx Acx 0000 and xnd the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx Acx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 1 contract

Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 Act 1925 or the Trustee Act 2000 and the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000Act 2000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.. 84894163_20

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any the Finance Document save to the extent required by lawDocuments. Where there are any inconsistencies between the Trustee Xxx Axx 0000 or the Trustee Axx 0000 and the Trustee Xxx 0000 and the express provisions of any such the Finance DocumentDocuments, the provisions of such the Finance Document Documents shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx Axx 0000, the provisions of such the Finance Document Documents shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 1 contract

Samples: Security Agreement (Meituan)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act.. TIMETABLES

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)

Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by lawthis Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Documentthis Agreement, the provisions of such Finance Document this Agreement shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document this Agreement shall constitute a restriction or exclusion for the purposes of that Act.

Appears in 1 contract

Samples: Intercreditor Agreement (Aluminum Corp of China)

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