Common use of RESTRICTED REMEDIES Clause in Contracts

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.

Appears in 1 contract

Samples: Agency Agreement (Crusade Management LTD)

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RESTRICTED REMEDIES. Except as provided in clauses 25.3 and 25.2(c) neither any Paying Agent nor the Calculation Agent clause 29.3, no party shall:: Note Trust Deed [Xxxxxx Xxxxxx Xxxxxxxx LOGO] -------------------------------------------------------------------------------- (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 Act 2001 (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 party waives its rights to make those applications and take those proceedings.

Appears in 1 contract

Samples: Note Trust Deed (Crusade Management LTD)

RESTRICTED REMEDIES. Except as provided in clauses 25.3 and 25.2(c) neither any Paying Agent nor clause 27.3, the Calculation Agent shallRedraw 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; -------------------------------------------------------------------------------- Page 30 Agency Redraw Facility Agreement [Allens Xxxxxx Xxxxxxxx LOGOlogo] -------------------------------------------------------------------------------- (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 Redraw Facility Provider waives its rights to make those applications and take those proceedings.

Appears in 1 contract

Samples: Redraw Facility Agreement (Crusade Management LTD)

RESTRICTED REMEDIES. Except as provided in clauses 25.3 and 25.2(c) neither any Paying Agent nor clause 23.3, the Calculation Agent shallApproved Seller shall not: (a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee;; Seller Loan Agreement [ALLENS XXXXXX XXXXXXXX LOGO] -------------------------------------------------------------------------------- (b) (STATUTORY DEMAND) issue any demand under section 459E(1s459E(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 Approved Seller waives its rights to make those applications and take those proceedings.

Appears in 1 contract

Samples: Seller Loan Agreement (Crusade Management LTD)

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RESTRICTED REMEDIES. Except as provided in clauses 25.3 45.2(c) and 25.2(c) neither any 45.3, none of the Note Trustee, each Paying Agent nor or the Calculation Agent shall, in respect of this Deed: (a) (JUDGMENT) obtain a judgment for the payment of money or damages by the TrusteeIssuer; (b) (STATUTORY DEMAND) issue any demand under section 459E(1s459E(1) of the Corporations Xxx 0000 (Cth) Act (or any analogous provision under any other law) against the Trustee; -------------------------------------------------------------------------------- Page 30 Agency Agreement [Allens Xxxxxx Xxxxxxxx LOGO] --------------------------------------------------------------------------------Issuer; (c) (WINDING UP) apply for the winding up or dissolution of the TrusteeIssuer; (d) (EXECUTION) levy or enforce any distress or other execution to, on, on or against any assets of the TrusteeIssuer; (e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the TrusteeIssuer; (f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the TrusteeIssuer; or (g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the TrusteeIssuer, or take proceedings for any of the above and the Note Trustee, each Paying Agent and the Calculation Agent waives its their rights to make those applications and take those proceedings.. A reference to the Issuer in this clause 45.4 is to the Issuer in its personal capacity and not as trustee of the Securitisation Fund

Appears in 1 contract

Samples: Trust Deed (Me Portfolio Management LTD)

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