Common use of NON-PETITION AND LIMITED RECOURSE Clause in Contracts

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 2023-2 (A2) and the Series 2023-2 (A2) Secured Creditors shall have recourse to the Series 2023-2 (A2) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 2023-2 (A2) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 2023-2 (A2) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 2023-2 (A2) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 2023-2 (A2) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 2023-2 (A2) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 2023-2 (A2)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

AutoNDA by SimpleDocs

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 20232020-2 1 (A2A1) and the Series 20232020-2 1 (A2A1) Secured Creditors shall have recourse to the Series 20232020-2 1 (A2A1) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 20232020-2 1 (A2A1) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 20232020-2 1 (A2A1) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 20232020-2 1 (A2A1) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 20232020-2 1 (A2A1) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 20232020-2 1 (A2A1) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 20232020-2 1 (A2A1)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 2023-2 (A2A1) and the Series 2023-2 (A2A1) Secured Creditors shall have recourse to the Series 2023-2 (A2A1) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 2023-2 (A2A1) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 2023-2 (A2A1) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 2023-2 (A2A1) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 2023-2 (A2A1) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 2023-2 (A2A1) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 2023-2 (A2A1)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 20232020-2 1 (A2A3) and the Series 20232020-2 1 (A2A3) Secured Creditors shall have recourse to the Series 20232020-2 1 (A2A3) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 20232020-2 1 (A2A3) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 20232020-2 1 (A2A3) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 20232020-2 1 (A2A3) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 20232020-2 1 (A2A3) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 20232020-2 1 (A2A3) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 20232020-2 1 (A2A3)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 20232020-2 1 (A2A4) and the Series 20232020-2 1 (A2A4) Secured Creditors shall have recourse to the Series 20232020-2 1 (A2A4) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 20232020-2 1 (A2A4) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 20232020-2 1 (A2A4) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 20232020-2 1 (A2A4) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 20232020-2 1 (A2A4) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 20232020-2 1 (A2A4) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 20232020-2 1 (A2A4)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 20232020-2 1 (A2) and the Series 20232020-2 1 (A2) Secured Creditors shall have recourse to the Series 20232020-2 1 (A2) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 20232020-2 1 (A2) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 20232020-2 1 (A2) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 20232020-2 1 (A2) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 20232020-2 1 (A2) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 20232020-2 1 (A2) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 20232020-2 1 (A2)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

AutoNDA by SimpleDocs

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 2023-2 1 (A2) and the Series 2023-2 1 (A2) Secured Creditors shall have recourse to the Series 2023-2 1 (A2) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 2023-2 1 (A2) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 2023-2 1 (A2) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 2023-2 1 (A2) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 2023-2 1 (A2) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 2023-2 1 (A2) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 2023-2 1 (A2)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 2023-2 1 (A2A1) and the Series 2023-2 1 (A2A1) Secured Creditors shall have recourse to the Series 2023-2 1 (A2A1) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 2023-2 1 (A2A1) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 2023-2 1 (A2A1) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 2023-2 1 (A2A1) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 2023-2 1 (A2A1) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 2023-2 1 (A2A1) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 2023-2 1 (A2A1)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

NON-PETITION AND LIMITED RECOURSE. The Note Trustee, any Noteholders, any Security Beneficiary in respect of Series 2023-2 1 (A2A3) and the Series 2023-2 1 (A2A3) Secured Creditors shall have recourse to the Series 2023-2 1 (A2A3) Secured Property provided that if at any time following (a) the Final Redemption Date or any earlier date upon which the Series 2023-2 1 (A2A3) Notes are due and payable, (b) the date on which the Issuer has received all sums due to it in respect of the Series 2023-2 1 (A2A3) Notes and (c) the application in full of any amounts available to pay amounts due and payable under the Series 2023-2 1 (A2A3) Notes in accordance with the relevant priority of payments, there remains any amount due and payable under the Series 2023-2 1 (A2A3) Notes then such amount shall, on the day following the application in full of the amounts referred to in (c) above, cease to be due and payable by the Issuer. In particular, no Security Beneficiary, Noteholder, nor any Secured Creditor in respect of any Series may (at any time, whether prior to or after the realisation of the Series 2023-2 1 (A2A3) Secured Property): (a) institute against, or join any person in instituting against the Issuer any bankruptcy, winding up, re-organisation, arrangement, administration, insolvency, liquidation proceeding or other proceeding under any similar law (but, for the avoidance of doubt, without prejudice to its ability to appoint a Receiver pursuant to the terms of the Note Trust Deed as supplemented by this Note Trust Deed Supplement in relation to Series 2023-2 1 (A2A3)) nor shall any of them have any claim in priority in respect of any such sums over or in respect of any assets of the Issuer which comprise Secured Property secured only for any other Series; or (b) have any recourse, in respect of any obligation, covenant or agreement of the Issuer, against any shareholder, officer, agent, or director of the Issuer.

Appears in 1 contract

Samples: Note Trust Deed Supplement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!