Restrictions on Exercise of Certain Rights. The Trustee and, during the continuance of a payment Default with respect to the Senior Class of Notes, the Senior Trustee, except as otherwise provided in Section 4.4, Section 4.9 and Section 4.11, may xxx for recovery or take any other steps for the purpose of recovering any of the obligations hereunder or any other debts or liabilities whatsoever owing to it by the Issuer. Each of the Noteholders shall at all times be deemed to have agreed by virtue of the acceptance of the Notes that only the Trustee and, during the continuance of a payment Default with respect to the Senior Class of Notes, the Senior Trustee, except as provided in Section 4.4, Section 4.9 and Section 4.11, may take any steps for the purpose of procuring the appointment of an administrative receiver, examiner, receiver or similar officer or the making of an administration order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding-up, liquidation, composition, examination or any like proceedings under Applicable Law.
Restrictions on Exercise of Certain Rights. 6.1 Payments to Current Issuer Bank Accounts and Swap Collateral Accounts: At all times prior to the release, re-assignment and/or discharge of the Current Issuer Security pursuant to Clause 4 (Release of the Current Issuer Charged Property), the Current Issuer shall save as otherwise provided in the Current Issuer Transaction Documents or unless the Note Trustee otherwise agrees in writing (and then only on such terms and in such manner as the Note Trustee may require) procure that:
(a) the Current Issuer Bank Accounts shall from time to time be credited with all amounts (excluding Swap Collateral Excluded Amounts) received by the Current Issuer under or in respect of the Current Issuer Transaction Documents, including without limitation the following payments:
(i) amounts received by the Current Issuer from or on behalf of Funding pursuant to the provisions of the Current Issuer Intercompany Loan Agreement;
(ii) interest received on the Current Issuer Bank Accounts;
(iii) amounts received by the Current Issuer from the Basis Rate Swap Provider under the Current Issuer Basis Rate Swap Agreement and any Swap Collateral Available Revenue Amounts and Swap Collateral Available Principal Amounts;
(iv) amounts received by the Current Issuer from the Dollar Currency Swap Provider under the Current Issuer Dollar Currency Swap Agreements and any Swap Collateral Available Revenue Amounts and Swap Collateral Available Principal Amounts;
(v) amounts received by the Current Issuer from the Euro Currency Swap Provider under the Current Issuer Euro Currency Swap Agreements and any Swap Collateral Available Revenue Amounts and Swap Collateral Available Principal Amounts;
(vi) income received by the Current Issuer in respect of the proceeds of any Authorised Investments;
(vii) amounts received by the Current Issuer from the Security Trustee or a Receiver following the service of an Intercompany Loan Enforcement Notice;
(viii) such other payments received by the Current Issuer as are, or ought in accordance with this Current Issuer Deed of Charge to be, comprised in the Current Issuer Charged Property; and
(b) any Swap Collateral Accounts shall from time to time be credited with any Swap Collateral Excluded Amounts received by the Current Issuer pursuant to the relevant Current Issuer Swap Agreement.
6.2 No withdrawal from Current Issuer Bank Accounts and Swap Collateral Accounts: At all times during the subsistence of the Current Issuer Security, the Current Issuer shall ...
Restrictions on Exercise of Certain Rights. The Reference Agent hereby agrees with the Issuer that it shall not take any steps for the purpose of procuring the appointment of an administrative receiver or the making of an administrative order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding up, liquidation, composition or any like proceedings under the laws of Delaware or any other jurisdiction in respect of the Issuer or in respect of any of its properties or liabilities.
Restrictions on Exercise of Certain Rights. (a) Each of the parties hereto and each Holder hereby agrees that it will not take any steps against the Borrower or the Guarantor seeking the liquidation, winding up, examination, insolvent reorganisation or bankruptcy of the Borrower or the Guarantor or seek an order for the appointment of a trustee, liquidator, Irish law examiner or other similar official in respect of all or part of their assets save that nothing in this Section 8.04 shall prevent or limit (x) the Collateral Agent, on behalf of the Secured Parties from (i) appointing a receiver or taking any action to appoint a receiver under any Security Document or at law or from exercising any rights ancillary thereto; or (ii) exercising its power of sale under any Security Document or at law; or (iii) making a claim, proving or otherwise participating in any examinership, liquidation or other bankruptcy or insolvency proceedings instituted by any Person (other than a Secured Party) against the Borrower or the Guarantor; or (y) subject to the limited recourse provision in (b) below, the Facility Agent or the Collateral Agent from making a claim and/or suing for the recovery of, or taking any other steps or proceedings for the purposes of recovering any of the obligations hereunder or any other debts or liabilities whatsoever owing to it by the Borrower or the Guarantor hereunder or under any other Related Documents.
(b) After the occurrence and continuance of an Event of Default, the obligations of the Borrower in respect of the Loans and the Class E Securities and any other claims of any Secured Party will be limited to the net proceeds of the disposal and/or realization of the Collateral by the Collateral Agent pursuant to the provisions of the Intercreditor Agreement and the Security Documents and thereafter to the extent that the net proceeds of such disposal and/or realizations are insufficient to pay in full the claims of the Secured Parties then the Secured Parties shall have no further claims against the Borrower or the Guarantor in respect of such unpaid amount and any such claims shall be extinguished.
Restrictions on Exercise of Certain Rights. (a) The Trustee and, during the continuance of a payment Default with respect to the Senior Class, the Senior Trustee, in its capacity as trustee of such class and except as otherwise provided in Section 4.04 hereof, may xxx for recovery or take any other steps for the purpose of recovering any of the obligations hereunder or any other debts or liabilities whatsoever owing to it by the Issuer. Each of the parties hereto and each Holder by virtue of its acceptance of the Securities (other than the Trustee) hereby agrees that it shall not take any steps for the purpose of procuring the appointment of an administrative receiver, Irish law examiner, receiver or similar officer or the making of an administration order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding up, liquidation, composition, Irish law examinership or any like proceedings under the laws of Ireland.
(b) If after the occurrence and continuance of an Event of Default, the obligations of the Issuer in respect of the Securities and any other claims of any Secured Party will be limited to the net proceeds of the disposal and/or realization of the Collateral by the Security Trustee pursuant to the provisions of the Indentures and the Security Trust Agreement, the Secured Parties shall have no further claim against the Issuer in respect of such unpaid amounts and will accordingly not have any right hereunder to be able to petition for the winding up of the Issuer or to take any steps for the purpose of procuring the appointment of an administrative receiver, Irish law examiner, receiver or similar officer or the making of an administration order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding up, liquidation, composition, Irish law examinership or any like proceedings under the laws of Ireland as a consequence of such shortfall.
Restrictions on Exercise of Certain Rights. Without limiting the Servicer’s rights under the Security Trust Agreement, the Servicer shall not take any steps for the purpose of procuring the appointment of an administrative receiver or the making of any administrative order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding up, liquidation, composition or any similar proceeding under the laws of any jurisdiction with respect to any Person within the GAL Group or any of the Aircraft Assets.
Restrictions on Exercise of Certain Rights. Subject to the enforcement of its rights under the Security Trust Agreement, the Servicer shall not take any steps for the purpose of procuring the appointment of an administrative receiver or the making of any administrative order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding up, liquidation, composition or any similar proceeding under the laws of any jurisdiction with respect to any Person within the LIFT Group.
Restrictions on Exercise of Certain Rights. 5.1 Payments to Funding 2 Accounts At all times prior to the release, re-assignment, retrocession and/or discharge under Clause 18 (Release) of Funding 2 Security, Funding 2 will, save as otherwise provided in Funding 2 Agreements or unless the Funding 2 Security Trustee otherwise agrees in writing, procure that all amounts received by Funding 2 under or in respect of Funding 2 Agreements will be credited to Funding 2 Accounts in accordance with Clause 6.2 (Funding 2 Bank Accounts) and the other applicable terms of Funding 2 Agreements.
5.2 No withdrawals from Funding 2 Accounts No payment, transfer and/or withdrawal may be made from any of Funding 2 Accounts other than as expressly permitted under this Deed or the Cash Management Agreement or with the prior written consent of the Funding 2 Security Trustee.
Restrictions on Exercise of Certain Rights. The Trustee and, during the continuance of a payment Default with respect to the Senior Class of Notes, the Senior Trustee, except as otherwise provided in Section 4.4, may xxx for recovery or take any other steps for the purpose of recovering any of the obligations hereunder or any other debts or liabilities whatsoever owing to it by the Issuer. Each of the Noteholders shall at all times be deemed to have agreed by virtue of the acceptance of the Notes that only the Trustee and, during the continuance of a payment Default with respect to the Senior Class of Notes, the Senior Trustee, except as provided in Section 4.4, may take any steps for the purpose of procuring the appointment of an administrative receiver, examiner, receiver or similar officer or the making of an administration order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding-up, liquidation, composition, examination or any like proceedings under Applicable Law.
Restrictions on Exercise of Certain Rights. The Trustee may xxx for recovery or take any other steps for the purpose of recovering any of the obligations hereunder or any other debts or liabilities whatsoever owing to it by the Issuer. Each of the Noteholders shall at all times be deemed to have agreed by virtue of the acceptance of the Notes that only the Trustee, except as provided in Section 4.4, Section 4.9 and Section 4.11, may take any steps for the purpose of procuring the appointment of an administrative receiver, examiner, receiver or similar officer or the making of an administration order or for instituting any bankruptcy, reorganization, arrangement, insolvency, winding-up, liquidation, composition, examination or any like proceedings under Applicable Law.
