Common use of DISCRETION OF THE NOTE TRUSTEE Clause in Contracts

DISCRETION OF THE NOTE TRUSTEE. At any time after the Notes, or any of them, shall have become due and repayable in accordance with the Note Conditions and shall not have been repaid (including, without limitation, following a default in payment of principal or interest thereunder) or upon delivery of an Enforcement Notice, the Note Trustee may at its discretion and without further notice, recover judgment in its own name and as trustee of an express trust against the Issuer for the whole amount of principal and interest remaining unpaid and take such other steps and/or institute such proceedings as it may think fit against, or in relation to, the Issuer and/or such steps as it may think fit to enforce the security created in favour of the Note Trustee by, and contained in, the Deed of Charge and to enforce its obligations under this Deed including, without limitation, to enforce repayment of the Notes together with accrued interest and any other monies payable pursuant to this Deed, provided that the Note Trustee shall be bound by the terms of the Deed of Charge in determining the priority in which any monies received by it shall be applied.

Appears in 7 contracts

Samples: Gracechurch Card Funding No 5 PLC, Barclaycard Funding PLC, Gracechurch Receivables Trustee LTD

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DISCRETION OF THE NOTE TRUSTEE. At any time after the Notes, or any of them, shall have become due and repayable in accordance with the Note Conditions and shall not have been repaid (including, without limitation, following a default in payment of principal or interest thereunder) or upon delivery ), but subject to the provisions of an Enforcement NoticeNote Condition [_], the Note Trustee may at its discretion and without further notice, recover judgment in its own name and as trustee of an express trust against the Issuer for the whole amount of principal and interest remaining unpaid and take such other steps and/or institute such proceedings as it may think fit against, or in relation to, the Issuer and/or such steps as it may think fit to enforce the security created in favour of the Note Trustee by, and contained in, the Deed of Charge and to enforce its obligations under this Deed including, without limitation, to enforce repayment of the Notes together with accrued interest and any other monies moneys payable pursuant to this Deed, provided that the Note Trustee shall be bound by the terms of the Deed of Charge in determining the priority in which any monies moneys received by it shall be applied.

Appears in 1 contract

Samples: Gracechurch Receivables Trustee LTD

DISCRETION OF THE NOTE TRUSTEE. At any time after the Notes, or any of them, shall have become due and repayable in accordance with the Note Conditions and shall not have been repaid (including, without - 17 - limitation, following a default in payment of principal or interest thereunder) or upon delivery of an Enforcement Notice, the Note Trustee may at its discretion and without further notice, recover judgment in its own name and as trustee of an express trust against the Issuer for the whole amount of principal and interest remaining unpaid and take such other steps and/or institute such proceedings as it may think fit against, or in relation to, the Issuer and/or such steps as it may think fit to enforce the security created in favour of the Note Trustee by, and contained in, the Deed of Charge and to enforce its obligations under this Deed including, without limitation, to enforce repayment of the Notes together with accrued interest and any other monies payable pursuant to this Deed, provided that the Note Trustee shall be bound by the terms of the Deed of Charge in determining the priority in which any monies received by it shall be applied.

Appears in 1 contract

Samples: Barclaycard Funding PLC

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DISCRETION OF THE NOTE TRUSTEE. At any time after the Notes, or any of them, shall have become due and repayable in accordance with the Note Conditions and shall not have been repaid (including, without limitation, following a default in payment of principal or interest thereunder) or upon delivery of an Enforcement Notice), the Note Trustee may at its discretion and without further notice, recover judgment in its own name and as trustee of an express trust against the Issuer for the whole amount of principal and interest remaining unpaid and take such other steps and/or institute such proceedings as it may think fit against, or in relation to, the Issuer and/or such steps as it may think fit to enforce the security created in favour of the Note Trustee by, and contained in, the Deed of Charge and to enforce its obligations under this Deed including, without limitation, to enforce repayment of the Notes together with accrued interest and any other monies moneys payable pursuant to this Deed, provided that the Note Trustee shall be bound by the terms of the Deed of Charge in determining the priority in which any monies moneys received by it shall be applied.

Appears in 1 contract

Samples: Gracechurch Card Funding No 2 PLC

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