Common use of Retention of Charges Clause in Contracts

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 3 contracts

Samples: Issuer Deed of Charge (Granite Mortgages 03-1 PLC), Issuer Deed of Charge (Granite Mortgages 03-2 PLC), Issuer Deed of Charge (Granite Mortgages 04-1 PLC)

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Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 2 contracts

Samples: Issuer Deed of Charge (Granite Mortgages 03-2 PLC), Issuer Deed of Charge (Granite Mortgages 03-2 PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised auxxxxxxxx officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 2 contracts

Samples: Issuer Deed of Charge (Granite Mortgages 03-3 PLC), Issuer Deed of Charge (Granite Mortgages 03-3 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer Funding may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986, as amended, (and production of a solvency certificate solvenxx xxxxxficate of a duly authorised officer of the Current Issuer Funding shall be prima facie evidence of the solvency of the Current IssuerFunding) as at the date of any payment made by the Current Issuer Funding to the Note Security Trustee or otherwise in respect of the Funding Secured Obligations and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Second Priority Funding Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Funding Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerFunding, or if the Current Issuer Funding shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current IssuerFunding, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Funding Secured Obligations.

Appears in 2 contracts

Samples: Second Priority Funding Deed of Charge (Granite Mortgages 04-3 PLC), Second Priority Funding Deed of Charge (Granite Mortgages 04-2 PLC)

Retention of Charges. (a) If the Note Trustee Collateral Agent shall have reasonable grounds in its absolute discretion for believing believing: (i) that the Current Issuer Mortgagor may be insolvent or deemed to be insolvent (or otherwise unable to pay its debts as they fall due) pursuant to the provisions of the Insolvency Xxx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) Companies Ordinance or any analogous provisions under any foreign law as at the date of any payment made by the Current Issuer Mortgagor to the Note Trustee and Collateral Agent (or any Beneficiary); or (ii) that as a resultany payment, such payment security or other disposition made by the Mortgagor may be capable of being avoided or clawed backmay require to be restored due to insolvency, liquidation or some other event affecting the Mortgagor, the Note Trustee Collateral Agent shall be at liberty to retain the charges security contained in or created pursuant to this Current Issuer Deed of Charge Share Mortgage Agreement until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations Liabilities notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee Collateral Agent on, or as a consequence of, such payment or discharge of liability provided that, if liability. (b) If at any time within such periodperiod referred to in Clause 7.3(a) above, a petition shall be presented to a competent court for an order for the winding winding-up or the making of an administration order in respect of the Current IssuerMortgagor, or if the Current Issuer Mortgagor shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may beMortgagor, the Note Trustee Collateral Agent shall be at liberty to continue to retain such security for such further period as the Note Trustee it may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee Collateral Agent of all Current Issuer Secured ObligationsLiabilities.

Appears in 1 contract

Samples: Share Mortgage Agreement (Loral Space & Communications Inc.)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised axxxxxxxxd officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Finance Trustees LTD)

Retention of Charges. If the Note Ninth Issuer Security Trustee shall have reasonable grounds for believing that the Current Ninth Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Ninth Issuer shall be prima facie evidence of the solvency of the Current Issuerthecompany) as at the date of any payment made by the Current Ninth Issuer to the Note Ninth Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Ninth Issuer Security Trustee shall be at liberty to retain the charges or other security contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Ninth Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Ninth Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding winding-up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Ninth Issuer or if the Current Ninth Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Ninth Issuer, as the case may be, the Note Ninth Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Ninth Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Ninth Issuer Security Trustee of all Current Ninth Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge (HOLMES FINANCING (No. 9) PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxxxxxxsed officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 03-3 PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxthorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 04-1 PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxxxxxxsed officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 04-2 PLC)

Retention of Charges. (a) If the Note Trustee Collateral Agent shall have reasonable grounds in its absolute discretion for believing believing: (i) that the Current Issuer any Chargor may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) Act 1986 or any analogous provisions under any forexxx xxx as at the date of any payment made by the Current Issuer such Chargor to the Note Trustee and Collateral Agent (or any Beneficiary); or (ii) that as a resultany payment, such payment security or other disposition made by any Chargor may be capable of being avoided or clawed backmay require to be restored due to insolvency, liquidation or some other event affecting such Chargor, the Note Trustee Collateral Agent shall be at liberty to retain the charges security contained in or created pursuant to this Current Issuer Deed of Charge Security Agreement until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations Security Liabilities notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee Collateral Agent on, or as a consequence of, such payment or discharge of liability provided that, if liability. (b) If at any time within such periodperiod referred to in Clause 11.3(a) above, a petition shall be presented to a competent court for an order for the winding winding-up or the making of an administration order in respect of the Current Issuersuch Chargor, or if the Current Issuer such Chargor shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may besuch Chargor, the Note Trustee Collateral Agent shall be at liberty to continue to retain such security for such further period as the Note Trustee it may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee Collateral Agent of all Current Issuer Secured ObligationsLiabilities.

Appears in 1 contract

Samples: Security Agreement (Foster Wheeler LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer Funding may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 0000, as amended, (and production of a solvency certificate of a duly authorised officer of the Current Issuer Funding shall be prima facie evidence of the solvency of the Current IssuerFunding) as at the date of any payment made by the Current Issuer Funding to the Note Security Trustee or otherwise in respect of the Funding Secured Obligations and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Second Priority Funding Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Funding Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerFunding, or if the Current Issuer Funding shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current IssuerFunding, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Funding Secured Obligations.

Appears in 1 contract

Samples: Second Priority Funding Deed of Charge (Granite Mortgages 04-1 PLC)

Retention of Charges. If the Note Seventh Issuer Security Trustee shall have reasonable grounds for believing that the Current Seventh Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx Axx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Seventh Issuer shall be prima facie evidence of the solvency of the Current Issuerrelevant company) as at the date of any payment made by the Current Seventh Issuer to the Note Seventh Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Seventh Issuer Security Trustee shall be at liberty to retain the charges or other security contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Seventh Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Seventh Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, Seventh Issuer or if the Current Seventh Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Seventh Issuer, as the case may be, the Note Seventh Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Seventh Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Seventh Issuer Security Trustee of all Current Seventh Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge (Holmes Financing No 7 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Fourth Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Fourth Issuer shall be prima facie evidence of the solvency of the Current Fourth Issuer) as at the date of any payment made by the Current Fourth Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Fourth Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Fourth Issuer or if the Current Fourth Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Fourth Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Fourth Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge (Permanent Mortgages Trustee LTD)

Retention of Charges. If the Note Issuer Security Trustee shall have reasonable grounds for believing that the Current Master Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxxx xxxhorised officer of the Current Master Issuer shall be prima facie evidence of the solvency of the Current Master Issuer) as at the date of any payment made by the Current Master Issuer to the Note Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Issuer Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Master Issuer, or if the Current Master Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Master Issuer, as the case may be, the Note Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Issuer Security Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Finance Funding 2 LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer Funding may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Issuer Funding shall be prima facie evidence of the solvency of the Current IssuerFunding) as at the date of any payment made by the Current Issuer Funding to the Note Security Trustee or otherwise in respect of the Funding Secured Obligations and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Funding Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Funding Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerFunding, or if the Current Issuer Funding shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current IssuerFunding, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Funding Secured Obligations.

Appears in 1 contract

Samples: Funding Deed of Charge (Granite Mortgages 03-2 PLC)

Retention of Charges. If the Note Sixth Issuer Security Trustee shall have reasonable grounds for believing that the Current Sixth Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised auxxxxxxxx officer of the Current Sixth Issuer shall be prima facie evidence of the solvency of the Current Issuerrelevant company) as at the date of any payment made by the Current Sixth Issuer to the Note Sixth Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Sixth Issuer Security Trustee shall be at liberty to retain the charges or other security contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Sixth Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Sixth Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, Sixth Issuer or if the Current Sixth Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Sixth Issuer, as the case may be, the Note Sixth Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Sixth Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Sixth Issuer Security Trustee of all Current Sixth Issuer Secured Obligations.

Appears in 1 contract

Samples: Sixth Issuer Deed of Charge (Holmes Financing No 6 PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate cexxxxxxxxe of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 03-1 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Seventh Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Seventh Issuer shall be prima facie evidence of the solvency of the Current Seventh Issuer) as at the date of any payment made by the Current Seventh Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Seventh Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Seventh Issuer or if the Current Seventh Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Seventh Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Seventh Issuer Secured Obligations.

Appears in 1 contract

Samples: Seventh Issuer Deed of Charge (Permanent Mortgages Trustee LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act (and production of a solvency certificate of a duly authorised officer signed by two directors of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges or other Security contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Issuer or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge

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Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised auxxxxxxxx officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 04-2 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer Funding may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised dulx xxxxxxised officer of the Current Issuer Funding shall be prima facie evidence of the solvency of the Current Issuerrelevant company) as at the date of any payment made by the Current Issuer that company to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Funding Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerFunding, or if the Current Issuer Funding shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current IssuerFunding, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Funding Secured Obligations.

Appears in 1 contract

Samples: Fund (Holmes Financing No 6 PLC)

Retention of Charges. If the Note Trustee Chargee shall have reasonable grounds in its absolute discretion for believing that the Current Issuer Chargor may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 (and production of a solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer Chargor to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed backChargee, the Note Trustee Chargee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge Debenture until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee Chargee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerChargor, or if the Current Issuer Chargor shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may beChargor, the Note Trustee Chargee shall be at liberty to continue to retain such security for such further period as the Note Trustee Chargee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee Chargee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Debenture (Build a Bear Workshop Inc)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a productxxx xx x solvency certificate of a duly authorised officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 02-2 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Fifth Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Fifth Issuer shall be prima facie evidence of the solvency of the Current Fifth Issuer) as at the date of any payment made by the Current Fifth Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Fifth Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Fifth Issuer or if the Current Fifth Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Fifth Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Fifth Issuer Secured Obligations.

Appears in 1 contract

Samples: Fifth Issuer Deed of Charge (Permanent Financing (No. 5) PLC)

Retention of Charges. If the Note Issuer Security Trustee shall have reasonable grounds for believing that the Current Master Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised authoxxxxx officer of the Current Master Issuer shall be prima facie evidence of the solvency of the Current Master Issuer) as at the date of any payment made by the Current Master Issuer to the Note Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Issuer Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Master Issuer, or if the Current Master Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Master Issuer, as the case may be, the Note Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Issuer Security Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Finance Trustees LTD)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised axxxxxxxxd officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge Amendment and Restatement Deed (Granite Mortgages 03-1 PLC)

Retention of Charges. If the Note Issuer Security Trustee shall have reasonable grounds for believing that the Current Master Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised authorxxxx officer of the Current Master Issuer shall be prima facie evidence of the solvency of the Current Master Issuer) as at the date of any payment made by the Current Master Issuer to the Note Issuer Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Issuer Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Issuer Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Master Issuer, or if the Current Master Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Master Issuer, as the case may be, the Note Issuer Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Issuer Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Issuer Security Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Finance Trustees LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Third Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised officer of the Current Third Issuer shall be prima facie evidence of the solvency of the Current Third Issuer) as at the date of any payment made by the Current Third Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Third Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Third Issuer or if the Current Third Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Third Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Third Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge (Permanent Mortgages Trustee LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Issuer Funding may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986, as amended, (and production of a solvency certificate cerxxxxxxxx of a duly authorised officer of the Current Issuer Funding shall be prima facie evidence of the solvency of the Current IssuerFunding) as at the date of any payment made by the Current Issuer Funding to the Note Security Trustee or otherwise in respect of the Funding Secured Obligations and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Second Priority Funding Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Funding Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current IssuerFunding, or if the Current Issuer Funding shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current IssuerFunding, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Issuer Funding Secured Obligations.

Appears in 1 contract

Samples: Second Priority Funding Deed of Charge (Granite Mortgages 04-1 PLC)

Retention of Charges. If the Note Trustee shall have reasonable grounds for believing that the Current Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxxxxxxxed officer of the Current Issuer shall be prima facie evidence of the solvency of the Current Issuer) as at the date of any payment made by the Current Issuer to the Note Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Trustee shall be at liberty to retain the charges contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition or an application shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, or if the Current Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Issuer, as the case may be, the Note Trustee shall be at liberty to continue to retain such security for such further period as the Note Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Trustee of all Current Issuer Secured Obligations.

Appears in 1 contract

Samples: Issuer Deed of Charge (Granite Mortgages 04-3 PLC)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Sixth Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised dxxx xxxhorised officer of the Current Sixth Issuer shall be prima facie evidence of the solvency of the Current Sixth Issuer) as at the date of any payment made by the Current Sixth Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Sixth Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order or documents shall be filed with the court for the appointment of an administrator or formal notice shall be given of an intention to appoint an administrator in respect of the Current Issuer, Sixth Issuer or if the Current Sixth Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Sixth Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Sixth Issuer Secured Obligations.

Appears in 1 contract

Samples: Deed of Charge (Permanent Mortgages Trustee LTD)

Retention of Charges. If the Note Security Trustee shall have reasonable grounds for believing that the Current Second Issuer may be insolvent or deemed to be insolvent pursuant to the provisions of the Insolvency Xxx 0000 Act 1986 (and production of a solvency certificate of a duly authorised xxxxxxxxed officer of the Current Second Issuer shall be prima facie evidence of the solvency of the Current Second Issuer) as at the date of any payment made by the Current Second Issuer to the Note Security Trustee and that as a result, such payment may be capable of being avoided or clawed back, the Note Security Trustee shall be at liberty to retain the charges Security Interests contained in or created pursuant to this Current Issuer Deed of Charge until the expiry of a period of one month plus such statutory period within which any assurance, security, guarantee or payment can be avoided or invalidated after the payment and discharge in full of all Current Second Issuer Secured Obligations notwithstanding any release, settlement, discharge or arrangement which may be given or made by the Note Security Trustee on, or as a consequence of, such payment or discharge of liability provided that, if at any time within such period, a petition shall be presented to a competent court for an order for the winding up or the making of an administration order in respect of the Current Issuer, Second Issuer or if the Current Second Issuer shall commence to be wound up or to go into administration or any analogous proceedings shall be commenced by or against the Current Second Issuer, as the case may be, the Note Security Trustee shall be at liberty to continue to retain such security for such further period as the Note Security Trustee may determine and such security shall be deemed to continue to have been held as security for the payment and discharge to the Note Security Trustee of all Current Second Issuer Secured Obligations.

Appears in 1 contract

Samples: Second Issuer Deed of Charge (Permanent Mortgages Trustee LTD)

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