Common use of Failure to Agree Clause in Contracts

Failure to Agree. In the event of the Note Trustee and the Current Issuer failing to agree: (a) (in a case to which Clause 9.1 (Normal Remuneration) applies) upon normal remuneration; or (b) (in a case to which Clause 9.2 (Extra Remuneration) applies) upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Note Trustee under these presents, or upon such additional remuneration; such matters shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Note Trustee and approved by the Current Issuer or, failing such approval, nominated (on the application of the Note Trustee) by the President for the time being of The Law Society of England and Wales (the expenses involved in such nomination and the fees of such investment bank being payable by the Current Issuer) and the determination of any such investment bank shall be final and binding upon the Note Trustee and the Current Issuer.

Failure to Agree. In the event of the Note Trustee and the Current Master Issuer failing to agree: (a) (in a case to which Clause 9.1 (Normal Remuneration) applies) upon normal remuneration; or (b) (in a case to which Clause 9.2 (Extra Remuneration) applies) upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Note Trustee under these presents, or upon such additional remuneration; such matters shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Note Trustee and approved by the Current Master Issuer or, failing such approval, nominated (on the application of the Note Trustee) by the President for the time being of The Law Society of England and Wales (the expenses involved in such nomination and the fees of such investment bank being payable by the Current Master Issuer) and the determination of any such investment bank shall be final and binding upon the Note Trustee and the Current Master Issuer.

Failure to Agree. In the event of the Note Trustee and the Current Issuer Issuing Entity failing to agree: (a) (in a case to which Clause 9.1 (Normal Remuneration) appliesClauses 15.1.1 or 15.1.3 apply) upon normal the amount of the remuneration; or (b) (in a case to which Clause 9.2 (Extra Remuneration) 15.1.2 applies) upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Note Trustee under these presentsthe Security Documents, or upon such additional remuneration; , such matters shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Note Trustee and approved by the Current Issuer Issuing Entity or, failing such approval, nominated (on the application of the Note Trustee) by the President for the time being of The Law Society of England and Wales (the expenses involved in such nomination and the fees of such investment bank being payable by the Current IssuerIssuing Entity) and the determination of any such investment bank shall be final and binding upon the Note Trustee and the Current IssuerIssuing Entity.

Failure to Agree. In the event of the Note Trustee and the Current Issuer failing to agree: (a) (in a case to which Clause 9.1 (Normal Remuneration) 12.1.1 applies) upon normal the amount of the remuneration; or (b) (in a case to which Clause 9.2 (Extra Remuneration) sub-clause 12.1.2 above applies) upon whether such duties shall be of an exceptional nature or otherwise outside the scope of the normal duties of the Note Trustee under these presents, this Trust Deed or the other Issuer Transaction Documents or upon such additional remuneration; such matters shall be determined by an a merchant or investment bank (acting as an expert and not as an arbitrator) selected by the Note Trustee and approved by the Current Issuer or, failing such approval, nominated (on the application of the Note Trustee) by the President for the time being of The Law Society of England and Wales (the expenses involved in such nomination and the fees of such merchant or investment bank being payable by the Current Issuer) and the determination of any such merchant or investment bank shall be final and binding upon the Note Trustee and the Current Issuer.