Common use of RESTRICTED REMEDIES Clause in Contracts

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.

Appears in 4 contracts

Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation Management Pty LTD)

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RESTRICTED REMEDIES. Party A shall not, in connection with this Agreement: (ia) (judgment) obtain a judgement for the payment of money or damages by Party B; (iib) (statutory demand) issue any demand under s459E(1) of the Corporations Act Law (or any analogous provision under any other law) against Party B; (iiic) (winding up) apply for the winding up or dissolution of Party B; (ivd) (execution) levy or enforce any distress or other execution to, on, or against any assets of Party B; (ve) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of Party B; (vif) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against Party B; (viig) (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 application and take those proceedings.. SWAP CONFIRMATION

Appears in 1 contract

Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD)

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RESTRICTED REMEDIES. Party A shall not, in connection with this Agreement: (ia) (judgment) obtain a judgement for the payment of money or damages by Party daParty B; (iib) (statutory demand) issue any demand under s459E(1) of the Corporations Act Law (or any analogous provision under any other law) against Party B; (iiic) (winding up) apply for the winding up or dissolution of Party B; (ivd) (execution) levy or enforce any distress or other execution to, on, or against any assets of Party B; (ve) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of Party B; (vif) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against Party B; (viig) (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 application and take those proceedings.. SWAP CONFIRMATION

Appears in 1 contract

Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD)

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