in relation to Funding. (i) only the Security Trustee may enforce the security created in favour of the Security Trustee under the Funding Deed of Charge in accordance with the provisions thereof; (ii) notwithstanding any other provision of this Agreement or any other Transaction Document, no sum due or owing to any party to this Agreement from or by Funding under this Agreement shall be payable by Funding except to the extent that Funding has sufficient funds available or (following enforcement of the Funding Security) the Security Trustee has realised sufficient funds from the Funding Security to pay such sum subject to and in accordance with the relevant Funding Priority of Payments and provided that all liabilities of Funding required to be paid in priority thereto or pari passu therewith pursuant to such Funding Priority of Payments have been paid, discharged and/or otherwise provided for in full; and (iii) it shall not take any steps for the purpose of recovering any amount payable by Funding or enforcing any rights arising out of this Agreement against Funding otherwise than in accordance with the Funding Deed of Charge.
Appears in 28 contracts
Samples: Administration Agreement (Granite Mortgages 03-2 PLC), Mortgage Sale Agreement (Granite Finance Trustees LTD), Administration Agreement (Granite Mortgages 03-3 PLC)
in relation to Funding. (i) only the Security Trustee may enforce the security created in favour of the Security Trustee under the Funding Deed of Charge in accordance with the provisions thereof;
(ii) notwithstanding any other provision of this Agreement Deed or any other Transaction Document, no sum due or owing to any party to this Agreement Deed from or by Funding under this Agreement Deed shall be payable by Funding except to the extent that Funding has sufficient funds available or (following enforcement of the Funding Security) the Security Trustee has realised sufficient funds from the Funding Security to pay such sum subject to and in accordance with the relevant Funding Priority of Payments and provided that all liabilities of Funding required to be paid in priority thereto or pari passu therewith pursuant to such Funding Priority of Payments have been paid, discharged and/or otherwise provided for in full; and
(iii) it shall not take any steps for the purpose of recovering any amount payable by Funding or enforcing any rights arising out of this Agreement Deed against Funding otherwise than in accordance with the Funding Deed of Charge.
Appears in 10 contracts
Samples: Mortgages Trust Deed (Granite Mortgages 03-3 PLC), Mortgages Trust Deed (Granite Mortgages 02-1 PLC), Mortgages Trust Deed (Granite Mortgages 04-2 PLC)
in relation to Funding. (ia) only the Security Trustee may enforce the security created in favour of the Security Trustee under the Funding Deed of Charge in accordance with the provisions thereof;
(iib) notwithstanding any other provision of this Agreement or any other Transaction Document, no sum due or owing to any party part to this Agreement from or by Funding under this Agreement shall be payable by Funding except to the extent that Funding has sufficient funds available or (following enforcement of the Funding Security) the Security Trustee has realised sufficient funds from the Funding Security to pay such sum subject to and in accordance with the relevant Funding Priority of Payments and provided that all liabilities of Funding required to be paid in priority thereto or pari passu therewith pursuant to such Funding Priority of Payments have been paid, discharged and/or otherwise provided for in full; and
(iiic) it shall not take any steps for the purpose of recovering any amount payable by Funding or enforcing any rights arising out of this Agreement against Funding otherwise than in accordance with the Funding Deed of Charge.
Appears in 3 contracts
Samples: Corporate Services Provider Agreement (Granite Mortgages 02-2 PLC), Corporate Services Provider Agreement (Granite Mortgages 04-1 PLC), Corporate Services Provider Agreement (Granite Mortgages 04-3 PLC)
in relation to Funding. (iA) only the Security Trustee may enforce the security created in favour of the Security Trustee under the Funding Deed of Charge in accordance with the provisions thereof;
(iiB) notwithstanding any other provision of this Agreement Deed or any other Transaction Document, no sum due or owing to any party to this Agreement Deed from or by Funding under this Agreement Deed shall be payable by Funding except to the extent that Funding has sufficient funds available or (following enforcement of the Funding Security) the Security Trustee has realised sufficient funds from the Funding Security to pay such sum subject to and in accordance with the relevant Funding Priority of Payments and provided that all liabilities of Funding required to be paid in priority thereto or pari passu therewith pursuant to such Funding Priority of Payments have been paid, discharged and/or otherwise provided for in full; and
(iiiC) it shall not take any steps for the purpose of recovering any amount payable by Funding or enforcing any rights arising out of this Agreement Deed against Funding otherwise than in accordance with the Funding Deed of Charge.
Appears in 2 contracts
Samples: Mortgages Trust Deed (Granite Finance Trustees LTD), Mortgages Trust Deed (Granite Finance Trustees LTD)
in relation to Funding. (i) only the Security Trustee may enforce the security created in favour of the Security Trustee under the Funding Deed of Charge in accordance with the provisions thereof;
(ii) notwithstanding any other provision of this Agreement or any other Transaction Document, no sum due or owing to any party to this Agreement from or by Funding under this Agreement shall be payable by Funding except to the extent that Funding has sufficient funds available therefor or (following enforcement of the Funding Security) the Security Trustee has realised sufficient funds from the Funding Security to pay such sum sum, in each case, subject to and in accordance with the relevant Funding Priority of Payments and provided that all liabilities of Funding required to be paid in priority thereto or pari passu therewith pursuant to such Funding Priority of Payments have been paid, discharged and/or otherwise provided for in full; and
(iii) it shall not take any steps for the purpose of recovering any amount payable by Funding or enforcing any rights arising out of this Agreement against Funding otherwise than in accordance with the Funding Deed of Charge.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Granite Finance Funding 2 LTD)