RESTRICTED REMEDIES. Page 19 XXXXX XXXXX & XXXXXXX -------------------------------------------------------------------------------- SERIES 1999-1G WST TRUST REDRAW FACILITY AGREEMENT Except as provided in clause 27.3, the Redraw Facility Provider shall not:
(a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee;
(b) (STATUTORY DEMAND) issue any demand under s459E(1) of the Corporations Law (or any analogous provision under any other law) against the Trustee;
(c) (WINDING UP) apply for the winding up or dissolution of the Trustee;
(d) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee;
(e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Trustee;
(f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee; or
(g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and the Redraw Facility Provider waives its rights to make those applications and take those proceedings.
RESTRICTED REMEDIES. Except as provided in clause 27.3, the Redraw Facility Provider shall not:
(a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee;
(b) (STATUTORY DEMAND) issue any demand under section 459E(1) of the Corporations Xxx 0000 (Cth) (or any analogous provision under any other law) against the Trustee;
(c) (WINDING UP) apply for the winding up or dissolution of the Trustee;
(d) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee;
(e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Trustee;
(f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee; or
(g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and the Redraw Facility Provider waives its rights to make those applications and take those proceedings.
RESTRICTED REMEDIES. Except as provided in clause 30.3, the Liquidity Provider shall not:
(a) (judgment) obtain a judgment for the payment of money or damages by the Trustee;
(b) (statutory demand) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against the Trustee;
(c) (winding up) apply for the winding up or dissolution of the Trustee;
(d) (execution) levy or enforce any distress or other execution to, on, or against any assets of the Trustee;
(e) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of the Trustee;
(f) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against the Trustee; or
(g) (administrator) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and the Liquidity Provider waives its rights to make those applications and take those proceedings.
RESTRICTED REMEDIES. Party A shall not, in connection with this Agreement:
(i) (judgment) obtain a judgement for the payment of money or damages by Party B;
(ii) (statutory demand) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against Party B;
(iii) (winding up) apply for the winding up or dissolution of Party B;
(iv) (execution) levy or enforce any distress or other execution to, on, or against any assets of Party B;
(v) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of Party B;
(vi) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against Party B;
(vii) (administrator) appoint, or agree to the appointment, of any administrator to Party B; or take proceedings for any of the above and Party A waives its right to make those applications and take those proceedings.
RESTRICTED REMEDIES. Except as provided in clauses 23.3 and 23.2
RESTRICTED REMEDIES. Except as provided in clauses 25.3 and 25.2(c) neither any Paying Agent nor the Calculation Agent shall:
(a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee;
(b) (STATUTORY DEMAND) issue any demand under section 459E(1) of the Corporations Xxx 0000 (Cth) (or any analogous provision under any other law) against the Trustee; -------------------------------------------------------------------------------- Page 30 Agency Agreement [Allens Xxxxxx Xxxxxxxx LOGO] --------------------------------------------------------------------------------
(c) (WINDING UP) apply for the winding up or dissolution of the Trustee;
(d) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee;
(e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Trustee;
(f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee; or
(g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and each Paying Agent and the Calculation Agent waives its rights to make those applications and take those proceedings.
RESTRICTED REMEDIES. Except as provided in clause 29.1 and subject to clause 29.3, a party shall not:
(a) (STATUTORY DEMAND) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against the Trustee;
(b) (WINDING UP) apply for the winding up or dissolution of the Trustee;
(c) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee (other than the Trust Assets);
(d) (COURT APPOINTED RECEIVER) apply for the appointment by a court or a receiver to any of the assets of the Trustee (other than the Trust Assets);
(e) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee (other than in respect of the Trust Assets); or
(f) (ADMINISTRATOR) appoint, or agree to the appointment of, any administrator to the Trustee, or take proceedings for any of the above and a party waives its rights to make those applications and take those proceedings.
RESTRICTED REMEDIES. (a) Subject to paragraph (b), Neither the Debenture Trustee nor the Debentureholders shall be entitled to demand or otherwise attempt to enforce in any manner, institute proceedings for the collection of, or institute any proceedings against the Company including, without limitation, by way of any bankruptcy, insolvency or similar proceedings or any proceeding for the appointment of a receiver, liquidator, trustee or other similar official (it being understood and agreed that the Debenture Trustee and/or the Debentureholders shall be permitted to take any steps necessary to preserve the claims of the Debentureholders in any such proceeding and any steps necessary to prevent the extinguishment or other termination of a claim or potential claim as a result of the expiry of a limitation period).
(b) Notwithstanding any other provision of this Indenture, the right of any holder to receive payment of the principal of and interest on the Debentures on or after their respective due dates or to institute suit for the enforcement of any such payment shall not be impaired or affected without the consent of such holder, provided that such rights shall be subject to the subordination provisions of this Article 6, other than paragraph (a) of this Section 6.3.
(c) The Debenture Trustee agrees that it will not take any steps or proceedings to challenge the validity or enforceability of any of the Senior Security, or any other steps or proceedings whatsoever whereby the Senior Security or the priority or rights of the Senior Creditors shall or might be defeated or impaired. The Debenture Trustee shall not assert any right or claim, whether in law or equity, which might impair the validity and effectiveness of the Senior Security or the priority of the Senior Security. If at any time a receiver is appointed in respect of all or any portion of the property, assets and undertaking of any corporation, partnership or other entity subject to the Senior Security, either by private appointment by the Senior Creditor or by a court upon application of the Senior Creditor, the Debenture Trustee acknowledges and agrees that such receiver shall be entitled to the management, control and possession of such property, assets and undertaking.
RESTRICTED REMEDIES. Party A shall not, in connection with this Agreement:
(i) (judgment) obtain a judgement for the payment of money or damages by Party B;
(ii) (statutory demand) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against Party B;
(iii) (winding up) apply for the winding up or dissolution of Party B;
(iv) (execution) levy or enforce any distress or other execution to, on, or against any assets of Party B;
(v) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of Party B;
(vi) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against Party B;
(vii) (administrator) appoint, or agree to the appointment, of any administrator to Party B; or take proceedings for any of the above and Party A waives its right to make those applications and take those proceedings. TO: Westpac Securities Administration Limited Westpac Banking Corporation Lxxxx 0, 000 Xxxxxxxxx Xxxxxx Sydney NSW 2000 AUSTRALIA as trustee of the Series 2000-0X XXX Trust Lxxxx 00, 0 Xxxxxxx Xxxxxx Xxxxxx XXX 0000 XXXXXXXXX Attention: Manager, Global Derivatives Operations Attention: Bxx Xxxxxxxx Date: 4th February 2005 The purpose of this letter is to confirm the terms and conditions of the Transaction entered into between us on the terms specified below (the “Transaction”). This letter constitutes a “Confirmation” as referred to in the Master Agreement specified below. This Confirmation is entered into by Westpac Securities Administration Limited ABN 77 000 049 472 as trustee of the Series 2000-0X XXX Xxxxx (the “Trust”). This Confirmation supplements, forms part of, and is subject to, the 1992 ISDA Master Agreement dated 4th February 2005, with a schedule headed “Schedule to the Basis Swaps”, as amended, novated or supplemented from time to time (the “Agreement”), between Westpac Banking Corporation ABN 33 007 457 141 (“Party A”) and Westpac Securities Administration Limited ABN 77 000 049 472 as trustee of the Trust (“Party B”). All provisions contained in the Agreement govern this Confirmation except as expressly modified below. All other terms used and not defined in this Confirmation have the meaning given in the Master Trust Deed (“Trust Deed”) between Party B and The Mortgage Company Pty Limited or the Series 2000-0X XXX Xxxxx Series Notice (the “Series Notice”) between Party A, Party B, Westpac Securitisation Management Pty Limited and others.
RESTRICTED REMEDIES. 31 32. WAIVERS, REMEDIES CUMULATIVE ........................................31
