Notice and Acknowledgement. (a) The execution of this Current Issuer Deed of Charge by any Current Issuer Secured Creditor shall constitute express notice to such Current Issuer Secured Creditor of the assignments, charges and Security Interests (including the Jersey Security Interests) made by the Current Issuer pursuant to this Clause 3 (Current Issuer Security). (b) By its execution of this Current Issuer Deed of Charge each Current Issuer Secured Creditor acknowledges and consents to the assignments, charges and Security Interests (including the Jersey Security Interests) made or granted by the Current Issuer under this Clause 3 (Current Issuer Security) and also acknowledges that as at the date hereof it has not received from any other person notice of any assignment or charge of any property the subject of such Security Interests. (c) Notwithstanding the assignments, charges and Security Interests granted under or pursuant to this Clause 3 (Current Issuer Security) and subject as provided otherwise in this Current Issuer Deed of Charge, each of the parties hereto acknowledges that: (i) each Current Issuer Secured Creditor and each other party to any Current Issuer Transaction Document may continue to make all payments becoming due to the Current Issuer under any Current Issuer Transaction Document in the manner envisaged by such Current Issuer Transaction Document until the receipt of written notice from the Note Trustee or any Receiver requiring payments to be made otherwise; and (ii) until the Current Issuer Security becomes enforceable in accordance with Clause 7.2 (Enforceable), the Current Issuer shall be entitled to exercise its rights, powers and discretions and perform its obligations in relation to the Current Issuer Charged Property and under the Current Issuer Transaction Documents in accordance with the provisions of the Current Issuer Transaction Documents.
Appears in 16 contracts
Samples: Issuer Deed of Charge (Granite Mortgages 03-1 PLC), Issuer Deed of Charge (Granite Mortgages 04-2 PLC), Issuer Deed of Charge (Granite Mortgages 03-3 PLC)
Notice and Acknowledgement. 31.1 The Issuer hereby gives notice to the Issuer Swap Collateral Account Bank and the Issuer Swap Collateral Account Bank hereby acknowledges that pursuant to the Deed of Charge, the Issuer, by way of first fixed security for the payment or discharge of the Secured Obligations subject to clause 4 (aRedemption and Release of Charged Property) The execution of this Current Issuer the Deed of Charge assigned to the Security Trustee, all of its rights, titles, benefits and interests, present and future, in, to and under this Agreement, including, without limitation, all rights to receive payment of any amounts which may become payable to the Issuer thereunder and all payments received by the Issuer thereunder including, without limitation, all rights to serve notices and/or make demands thereunder and/or to take such steps as are required to cause payments to become due and payable thereunder and all rights of action in respect of any Current Issuer Secured Creditor shall constitute express notice breach thereof and all rights to such Current Issuer Secured Creditor receive damages or obtain relief in respect thereof and the proceeds of any of the assignments, charges and Security Interests (including the Jersey Security Interests) made by the Current Issuer pursuant to this Clause 3 (Current Issuer Security)foregoing.
(b) By its execution of this Current Issuer Deed of Charge each Current Issuer Secured Creditor acknowledges and consents to the assignments, charges and Security Interests (including the Jersey Security Interests) made or granted by the Current Issuer under this Clause 3 (Current Issuer Security) and also acknowledges that as at the date hereof it has not received from any other person notice of any assignment or charge of any property the subject of such Security Interests.
(c) 31.2 Notwithstanding the assignments, charges and Security Interests security interests granted under or pursuant to this Clause 3 (Current Issuer Security) and subject as provided otherwise in this Current Issuer the Deed of Charge, each of the parties hereto Issuer Swap Collateral Account Bank acknowledges that:
(ia) each Current Issuer Secured Creditor Swap Collateral Account Bank and each other party to any Current Issuer Transaction Document may continue to make all payments becoming due to the Current Issuer under any Current Issuer Transaction Document in the manner envisaged by such Current Issuer Transaction Document this Agreement (if any) until the receipt of written notice from the Note Security Trustee or any Receiver requiring payments to be made otherwise; and
(iib) until the Current Issuer Security becomes enforceable in accordance with Clause 7.2 (Enforceable)the Deed of Charge, the Current Issuer shall be entitled to exercise its rights, powers and discretions and perform its obligations in relation to the Current Issuer Charged Property and under the Current Issuer Transaction Documents in accordance with the provisions of the Current Issuer Transaction Documentsthis Agreement.
Appears in 1 contract
Notice and Acknowledgement. (aA) The execution of this Current Deed by the Issuer Deed of Charge by any Current Issuer and each Secured Creditor shall constitute express (other than the Noteholder(s)) (and in the case of the Noteholders acting through the Trustee) constitutes irrevocable notice in writing to such Current Issuer each Secured Creditor of the assignmentsassignment of all of the Issuer's rights, title, interest and benefit, present and future in, to and under the Transaction Documents charged under Clause 4.1 (The Fixed Security) (the “Charged Documents”) and the execution of this Deed by each of the Secured Creditors (other than the Noteholders) shall constitute an express acknowledgement by each of them of such conveyances, transfers, charges and assignments and other Security Interests (including the Jersey Security Interests) made or granted by the Current Issuer pursuant to foregoing provisions of this Clause 5 and Clause 3 (Current Issuer's Covenant to Pay). The Issuer Securityauthorises and instructs each of the Secured Creditors, following the service of an Enforcement Notice on the Issuer, in relation to the Issuer's rights (but not its obligations) under the relevant Charged Document(s), to deal with the Trustee without reference to the Issuer.
(bB) By its execution of this Current Issuer Deed of Charge each Current Issuer Each Secured Creditor (other than the Noteholders (acting through the Trustee) and the Trustee) acknowledges and consents to the assignmentsassignment referred to in paragraph
(A) above and confirms that:
(1) following the service of an Enforcement Notice on the Issuer, charges and Security Interests it will deal only with the Trustee in relation to the Issuer's rights (including but not its obligations) under the Jersey Security InterestsCharged Document(s) made or granted by without any reference to the Current Issuer under this Clause 3 Issuer; and
(Current Issuer Security2) and also acknowledges that as at of the date hereof of this Deed it has not received from any other person notice of any assignment or charge of any property the subject of such Security InterestsCharged Document.
(cC) Notwithstanding Each Secured Creditor (other than the assignments, charges and Security Interests granted under or pursuant to this Clause 3 Noteholders (Current Issuer Securityacting through the Trustee) and subject as provided otherwise in this Current Issuer Deed of Charge, each the Trustee) acknowledges the Security and covenants with and undertakes to the Trustee not to do anything inconsistent with the Security or knowingly to prejudice that Security or any of the parties hereto acknowledges that:
Charged Property (ior the Trustee's interest in such property) each Current Issuer provided that this Deed does not limit the rights or obligations of any of the Secured Creditor and each other party to any Current Issuer Transaction Document may continue to make all payments becoming due to the Current Issuer under any Current Issuer Transaction Document in the manner envisaged by such Current Issuer Transaction Document until the receipt of written notice from the Note Trustee Creditors exercisable or any Receiver requiring payments to be made otherwise; and
(ii) until the Current Issuer Security becomes enforceable performed in accordance with Clause 7.2 (Enforceable), the Current Issuer shall be entitled to exercise its rights, powers and discretions and perform its obligations in relation subject to the Current Issuer Charged Property and under the Current Issuer Transaction Documents in accordance with the provisions terms of any of the Current Issuer Transaction Documents.
(D) The Issuer shall ensure that the security over any Buildings Policy is noted thereon.
Appears in 1 contract
Samples: Irish Deed of Charge
Notice and Acknowledgement. (aA) The execution of this Current Deed by the Issuer Deed of Charge by any Current Issuer and each Secured Creditor shall constitute express (other than the Noteholders) (and in the case of the Noteholders acting through the Trustee) constitutes irrevocable notice in writing to such Current Issuer each Secured Creditor of the assignmentsassignment of all of the Issuer's rights, title, interest and benefit, present and future in, to and under the Transaction Documents charged under Clause 4.1 (The Fixed Security) (the “Charged Documents”) and the execution of this Deed by each of the Secured Creditors (other than the Noteholders) shall constitute an express acknowledgement by each of them of such conveyances, transfers, charges and assignments and other Security Interests (including the Jersey Security Interests) made or granted by the Current Issuer pursuant to foregoing provisions of this Clause 5 and Clause 3 (Current Issuer's Covenant to Pay). The Issuer Securityauthorises and instructs each of the Secured Creditors, following the service of an Enforcement Notice on the Issuer, in relation to the Issuer's rights (but not its obligations) under the relevant Charged Document(s), to deal with the Trustee without reference to the Issuer.
(bB) By its execution of this Current Issuer Deed of Charge each Current Issuer Each Secured Creditor (other than the Noteholders (acting through the Trustee) and the Trustee) acknowledges and consents to the assignmentsassignment referred to in paragraph
(A) above and confirms that:
(1) following the service of an Enforcement Notice on the Issuer, charges and Security Interests it will deal only with the Trustee in relation to the Issuer's rights (including but not its obligations) under the Jersey Security InterestsCharged Document(s) made or granted by without any reference to the Current Issuer under this Clause 3 Issuer; and
(Current Issuer Security2) and also acknowledges that as at of the date hereof of this Deed it has not received from any other person notice of any assignment or charge of any property the subject of such Security InterestsCharged Document.
(cC) Notwithstanding Each Secured Creditor (other than the assignments, charges and Security Interests granted under or pursuant to this Clause 3 Noteholders (Current Issuer Securityacting through the Trustee) and subject as provided otherwise in this Current Issuer Deed of Charge, each the Trustee) acknowledges the Security and covenants with and undertakes to the Trustee not to do anything inconsistent with the Security or knowingly to prejudice that Security or any of the parties hereto acknowledges that:
Charged Property (ior the Trustee's interest in such property) each Current Issuer provided that this Deed does not limit the rights or obligations of any of the Secured Creditor and each other party to any Current Issuer Transaction Document may continue to make all payments becoming due to the Current Issuer under any Current Issuer Transaction Document in the manner envisaged by such Current Issuer Transaction Document until the receipt of written notice from the Note Trustee Creditors exercisable or any Receiver requiring payments to be made otherwise; and
(ii) until the Current Issuer Security becomes enforceable performed in accordance with Clause 7.2 (Enforceable), the Current Issuer shall be entitled to exercise its rights, powers and discretions and perform its obligations in relation subject to the Current Issuer Charged Property and under the Current Issuer Transaction Documents in accordance with the provisions terms of any of the Current Issuer Transaction Documents.
Appears in 1 contract
Samples: Deed of Charge
Notice and Acknowledgement. 31.1 The Issuer hereby gives notice to the Issuer Swap Collateral Account Banks and the Issuer Swap Collateral Account Banks hereby acknowledge that pursuant to the Deed of Charge, the Issuer, by way of first fixed security for the payment or discharge of the Secured Obligations subject to clause 4 (aRedemption and Release of Charged Property) The execution of this Current Issuer the Deed of Charge assigned to the Security Trustee, all of its rights, titles, benefits and interests, present and future, in, to and under this Agreement, including, without limitation, all rights to receive payment of any amounts which may become payable to the Issuer thereunder and all payments received by the Issuer thereunder including, without limitation, all rights to serve notices and/or make demands thereunder and/or to take such steps as are required to cause payments to become due and payable thereunder and all rights of action in respect of any Current Issuer Secured Creditor shall constitute express notice breach thereof and all rights to such Current Issuer Secured Creditor receive damages or obtain relief in respect thereof and the proceeds of any of the assignments, charges and Security Interests (including the Jersey Security Interests) made by the Current Issuer pursuant to this Clause 3 (Current Issuer Security)foregoing.
(b) By its execution of this Current Issuer Deed of Charge each Current Issuer Secured Creditor acknowledges and consents to the assignments, charges and Security Interests (including the Jersey Security Interests) made or granted by the Current Issuer under this Clause 3 (Current Issuer Security) and also acknowledges that as at the date hereof it has not received from any other person notice of any assignment or charge of any property the subject of such Security Interests.
(c) 31.2 Notwithstanding the assignments, charges and Security Interests security interests granted under or pursuant to this Clause 3 (Current Issuer Security) and subject as provided otherwise in this Current Issuer the Deed of Charge, each of the parties hereto acknowledges Issuer Swap Collateral Account Banks acknowledge that:
(ia) each Current Issuer Secured Creditor Swap Collateral Account Bank and each other party to any Current Issuer Transaction Document may continue to make all payments becoming due to the Current Issuer under any Current Issuer Transaction Document in the manner envisaged by such Current Issuer Transaction Document this Agreement (if any) until the receipt of written notice from the Note Security Trustee or any Receiver requiring payments to be made otherwise; and
(iib) until the Current Issuer Security becomes enforceable in accordance with Clause 7.2 (Enforceable)the Deed of Charge, the Current Issuer shall be entitled to exercise its rights, powers and discretions and perform its obligations in relation to the Current Issuer Charged Property and under the Current Issuer Transaction Documents in accordance with the provisions of the Current Issuer Transaction Documentsthis Agreement.
Appears in 1 contract