OTHER SECURITY ETC. 16.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge. 16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction. 16.3 The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged. 16.4 The powers which this Deed of Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing. 16.5 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 3 contracts
Samples: Amendment Agreement, Framework Agreement, Amendment Agreement
OTHER SECURITY ETC. 16.1 15.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Floating Charge.
16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 15.2 The powers which this Deed of Floating Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under any other security, right or remedy which the Bank and/or the Receiver may now or at any time hereafter hold for all or any part of the Secured Obligations, or the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 15.3 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Floating Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Floating Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Floating Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Floating Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Framework Agreement
OTHER SECURITY ETC. 16.1 17.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge.
16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 17.2 The powers which this Deed of Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under any other security, right or remedy which the Bank and/or the Receiver may now or at any time hereafter hold for all or any part of the Secured Obligations, or the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 17.3 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Framework Agreement
OTHER SECURITY ETC. 16.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge.
16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act or, where applicable, the Irish Land and Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 The powers which this Deed of Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under any other security, right or remedy which the Bank and/or the Receiver may now or at any time hereafter hold for all or any part of the Secured Obligations, or the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Framework Agreement
OTHER SECURITY ETC. 16.1 18.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, and shall not be secured affected by any Other Deed release, reassignment or discharge of Chargesuch other Encumbrance.
16.2 18.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 18.3 The Counterparty shall not take any action under Section section 94 of the Conveyancing Act in respect of the Charged PropertyAssets, this Deed of Charge or any monies, obligations or and/or liabilities hereby covenanted to be paid paid, performed or discharged.
16.4 18.4 The powers which this Deed of Charge confers on the Bank and the any Receiver are cumulative, without prejudice to their respective powers under the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the a Receiver may, in connection with the exercise of their its powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the a Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 18.5 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver theretoof that or any other right, power, remedy or privilege. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Deed of Charge
OTHER SECURITY ETC. 16.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge.
16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 The Counterparty shall not take any action under Section section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 The powers which this Deed of Charge confers on the Bank and the a Receiver are cumulative, without prejudice to their respective powers under the general law, and may be exercised as often as the Bank or the that Receiver thinks appropriate. The Bank or the a Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the a Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Framework Agreement
OTHER SECURITY ETC. 16.1 16.1. This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge.
16.2 16.2. Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 16.3. The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 16.4. The powers which this Deed of Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 16.5. No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
Appears in 1 contract
Samples: Framework Agreement