Evidence of Default. Unless the contrary be proved, proof that as regards any specified Current Issuer Note the Current Issuer has made default in paying any amount due in respect of such Current Issuer Note shall be sufficient evidence that the Current Issuer has made the like default as regards all other Current Issuer Notes in respect of which the corresponding amount is then due and payable in accordance with the Current Issuer Conditions and for the purposes of this Clause 6.3 (Evidence of Default) an amount shall be a corresponding amount notwithstanding that it is due in respect of a Current Issuer Note of a different denomination from that in respect of the above specified Current Issuer Note. The Note Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Note Trustee and the Noteholders allowed in any judicial proceedings relative to the Current Issuer, its creditors or its property.
Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Notes, proof therein that:
8.2.1 as regards any specified Note within a given Series, the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due;
8.2.2 as regards any specified Coupon the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and
8.2.3 as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,
Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding-up or insolvency of the Issuer or any Guarantor under this Trust Deed or under the Notes, proof therein that:
(a) as regards any specified Note the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due; and
(b) as regards any specified Coupon the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due.
Evidence of Default. If the Security Trustee or the Note Trustee takes any action against the Trustee to enforce any of the provisions of any Offshore Notes or this deed, proof that as regards any Offshore Note, the Trustee has not paid any principal or interest due in respect of that Offshore Note shall (unless the contrary is proved) be sufficient evidence that the Trustee has not paid that principal or interest on all other Offshore Notes in respect of which the relevant payment is then due.
Evidence of Default. A certificate of an officer, employee or agent of the Vendor that default has been made and the date of default and that notice, if required, of such default has been mailed, e-mailed, faxed or transmitted by other electronic means to the Purchaser or the Purchaser’s solicitor, shall be prima facie evidence of the facts therein stated. No failure or delay or forbearance by the Vendor, its officers or employees in exercising, and no course of dealing with respect to, any right or power hereunder or under any related agreement shall operate as a waiver of any rights or powers of the Vendor hereunder, nor shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Vendor’s conduct and performance of its obligations under this Agreement and correspondence with the Purchaser shall not constitute a waiver of any of the covenants or obligations of the Purchaser contained herein nor shall such conduct by the Vendor have the effect of precluding the Vendor from thereafter declaring the Purchaser’s prior failure to satisfy the Purchaser’s obligations under this Agreement an event of default or breach of contract by the Purchaser.
Evidence of Default. If the Trustee (or any Noteholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer and/or the Guarantor under this Trust Deed or under the Notes, proof therein that as regards any specified Note, the Issuer and/or the Guarantor has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer and/or the Guarantor has made the like default as regards all other Notes.
Evidence of Default. A certificate from an officer of the Vendor that default has been made and the date of default and that notice, if required, of such default has been mailed to the Purchaser, shall be conclusive evidence of the facts therein stated.
Evidence of Default. If the Security Trustee or the Note Trustee takes any action against the Trustee to enforce any of the provisions of any Class A Notes, or this deed, proof that as regards any Class A Note, the Trustee has not paid any principal or interest due in respect of that Class A Note shall (unless the contrary is proved) be sufficient evidence that the Trustee has not paid that principal or interest on all other Class A Notes in respect of which the relevant payment is then due.
Evidence of Default. If the Security Trustee or the Note Trustee takes any action against the Trustee to enforce any of the provisions of any US$ Notes or this deed, proof that as regards any US$ Note, the Trustee has not paid any principal or interest due in respect of that US$ Note shall (unless the contrary is proved) be sufficient evidence that the Trustee has not paid that principal or interest on all other US$ Notes in respect of which the relevant payment is then due.
Evidence of Default. If the Trustee or the U.S. Trustee (or any Bondholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Bonds, proof therein that as regards any specified Bond the Issuer is or was in default in paying any principal due in respect of such Bond shall (unless the contrary be proved) be sufficient evidence that the Issuer is or was in the like default as regards all other Bonds in respect of which a corresponding payment is then due.
