Common use of Segregation Clause in Contracts

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, Party B and the Manager; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally in respect of each Relevant Swap Transaction and may be enforced separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 3 contracts

Samples: Isda Master Agreement (Me Portfolio Management LTD), Isda Master Agreement (Me Portfolio Management LTD), Isda Master Agreement (Me Portfolio Management LTD)

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Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does shall not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Mortgaged Property of Party B under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement shall have effect separately and severally in respect of each Relevant Swap Transaction and are shall be enforceable by or against Party B as though a separate agreement applied between Party A, A and Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, A and Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, A and Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, A and Party B and the ManagerB; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally by Party B in respect of each Relevant Swap Transaction and may be enforced by Party B against Party A separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 2 contracts

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

Segregation. The liability of Party B under this Agreement is several and is separate will enter into each Transaction as trustee of a Series Trust. Each Confirmation in respect relation to a Transaction must specify the name of each Relevant Swap Transactionthe Series Trust to which the Transaction relates. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing Notwithstanding anything else in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without Agreement, but without limiting the generality of the foregoingSection 15, the provisions of this Agreement (including, without limitation, the Credit Support Annex) shall have effect separately and severally in respect of each Relevant Swap Transaction Series Trust and are shall be enforceable by or against Party B in its capacity as trustee of the relevant Series Trust as though a separate agreement Agreement applied between Party A, Party B (in its capacity as trustee of the Series Trust specified in the relevant Confirmation) and the Manager for each Relevant Swap Transactionof Party B's said several capacities, so to the intent that (among other thingsinter alia): (ia) (REFERENCES TO PARTY B): unless the context indicates a contrary intention, each reference to "Party B" in this Agreement shall be construed as a several reference to Party B in its respective capacities as trustee of each Series Trust; (b) (SEPARATE AGREEMENTS): this Master Agreement including, without limitation, this Schedule and the Credit Support Annex together with each Confirmation relating to a Relevant Swap Transaction particular Series Trust will form a single separate agreement between Party A, the Manager and Party B and the Manager in its capacity as trustee of that Series Trust and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, the Manager or Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, the Manager and Party B and in its several capacity as trustee of the Managerrelevant Series Trust; (iic) (REPRESENTATIONS): representations made and agreements entered into by the parties under this Agreement are made and entered separately severally by Party B in its respective capacities as trustee of each Series Trust and severally in respect of each Relevant Swap Transaction the relevant Series Trust and may be enforced separately and by Party B against Party A or the Manager severally in respect of each Relevant Swap TransactionParty B's said several capacities (and by Party A or the Manager against Party B in Party B's said several capacities); (iiid) (TERMINATION): rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect Party B's respective capacities as trustee of each Relevant Swap TransactionSeries Trust, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; andParty B's said several capacities; (ive) (EVENTS OF DEFAULT AND TERMINATION EVENTS): without limiting Section 15, the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does one Series Trust shall not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."Series Trust; and (f) (DEFINITIONS):

Appears in 2 contracts

Samples: Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD), Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Mortgaged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, A and Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, A and Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, A and Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, A and Party B and the ManagerB; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally by Party B in respect of each Relevant Swap Transaction and may be enforced by Party B against Party A separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 2 contracts

Samples: Isda Master Agreement (Crusade Management LTD), Isda Master Agreement (Crusade Management LTD)

Segregation. The liability of Party B under this Agreement is several and is separate will enter into each Transaction as trustee of a Series Trust. Each Confirmation in respect relation to a Transaction must specify the name of each Relevant Swap Transactionthe Series Trust to which the Transaction relates. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing Notwithstanding anything else in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without Agreement, but without limiting the generality of the foregoingSection 15, the provisions of this Agreement (including, without limitation, the Credit Support Annex) shall have effect separately and severally in respect of each Relevant Swap Transaction Series Trust and are shall be enforceable by or against Party B in its capacity as trustee of the relevant Series Trust as though a separate agreement Agreement applied between Party A, Party B (in its capacity as trustee of the Series Trust specified in the relevant Confirmation), the Manager and the Manager Standby Swap Provider for each Relevant Swap Transactionof Party B's said several capacities, so to the intent that (among other thingsinter alia): (ia) (References to Party B): unless the context indicates a contrary intention, each reference to "Party B" in this Agreement shall be construed as a several reference to Party B in its respective capacities as trustee of each Series Trust; (b) (Separate Agreements): this Master Agreement including, without limitation, this Schedule and the Credit Support Annex together with each Confirmation relating to a Relevant Swap Transaction particular Series Trust will form a single separate agreement between Party A, the Manager, the Standby Swap Provider and Party B and the Manager in its capacity as trustee of that Series Trust and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, the Manager, the Standby Swap Provider or Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, the Manager, the Standby Swap Provider and Party B and in its several capacity as trustee of the Managerrelevant Series Trust; (iic) (Representations): representations made and agreements entered into by the parties under this Agreement are made and entered separately severally by Party B in its respective capacities as trustee of each Series Trust and severally in respect of each Relevant Swap Transaction the relevant Series Trust and may be enforced separately and by Party B against Party A, the Manager or the Standby Swap Provider severally in respect of each Relevant Party B's said several capacities (and by Party A, the Manager or the Standby Swap TransactionProvider against Party B in Party B's said several capacities); (iiid) (Termination): rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect Party B's respective capacities as trustee of each Relevant Swap TransactionSeries Trust, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; andParty B's said several capacities; (ive) (Events of Default and Termination Events): without limiting Section 15, the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does one Series Trust shall not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction.Series Trust; and (f) (Definitions): (i) the term "Series Trust":

Appears in 2 contracts

Samples: Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD), Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, Party B and the Manager; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered into separately and severally in respect of each Relevant Swap Transaction and may be enforced separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 2 contracts

Samples: Master Agreement (Me Portfolio Management LTD), Master Agreement (Me Portfolio Management LTD)

Segregation. The liability of Party B under this Agreement is several and is separate will enter into each Transaction as trustee of a Series Trust. Each Confirmation in respect relation to a Transaction must specify the name of each Relevant Swap Transactionthe Series Trust to which the Transaction relates. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing Notwithstanding anything else in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without Agreement, but without limiting the generality of the foregoingSection 15, the provisions of this Agreement (including, without limitation, the Credit Support Annex) shall have effect separately and severally in respect of each Relevant Swap Transaction Series Trust and are shall be enforceable by or against Party B in its capacity as trustee of the relevant Series Trust as though a separate agreement Agreement applied between Party A, Party B (in its capacity as trustee of the Series Trust specified in the relevant Confirmation) and the Manager for each Relevant Swap Transactionof Party B's said several capacities, so to the intent that (among other thingsinter alia): (ia) (REFERENCES TO PARTY B): unless the context indicates a contrary intention, each reference to "Party B" in this Agreement shall be construed as a several reference to Party B in its respective capacities as trustee of each Series Trust; (b) (SEPARATE AGREEMENTS): this Master Agreement including, without limitation, this Schedule and the Credit Support Annex together with each Confirmation relating to a Relevant Swap Transaction particular Series Trust will form a single separate agreement between Party A, the Manager and Party B and the Manager in its capacity as trustee of that Series Trust and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, the Manager or Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, the Manager and Party B and in its several capacity as trustee of the Managerrelevant Series Trust; (iic) (REPRESENTATIONS): representations made and agreements entered into by the parties under this Agreement are made and entered separately severally by Party B in its respective capacities as trustee of each Series Trust and severally in respect of each Relevant Swap Transaction the relevant Series Trust and may be enforced separately and by Party B against Party A or the Manager severally in respect of each Relevant Swap TransactionParty B's said several capacities (and by Party A or the Manager against Party B in Party B's said several capacities); (iiid) (TERMINATION): rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect Party B's respective capacities as trustee of each Relevant Swap TransactionSeries Trust, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; andParty B's said several capacities; (ive) (EVENTS OF DEFAULT AND TERMINATION EVENTS): without limiting Section 15, the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does one Series Trust shall not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction.Series Trust; and (f) (DEFINITIONS): (i) the term "SERIES TRUST":

Appears in 2 contracts

Samples: Isda Master Agreement (Medallion Trust Series 2007-1g), Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Mortgaged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, Party B B, the Manager and the Manager Standby Swap Provider for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, Party B B, the Manager and the Manager Standby Swap Provider and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, Party B B, the Manager and the Manager Standby Swap Provider shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, Party B B, the Manager and the ManagerStandby Swap Provider; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally in respect of each Relevant Swap Transaction and may be enforced separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 1 contract

Samples: Isda Master Agreement (Crusade Management LTD)

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Segregation. The liability of Party B under this Agreement is several and is separate will enter into each Transaction as trustee of a Series Trust. Each Confirmation in respect relation to a Transaction must specify the name of each Relevant Swap Transactionthe Series Trust to which the Transaction relates. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing Notwithstanding anything else in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without Agreement, but without limiting the generality of the foregoingSection 15, the provisions of this Agreement (including, without limitation, the Credit Support Annex) shall have effect separately and severally in respect of each Relevant Swap Transaction Series Trust and are shall be enforceable by or against Party B in its capacity as trustee of the relevant Series Trust as though a separate agreement Agreement applied between Party A, Party B (in its capacity as trustee of the Series Trust specified in the relevant Confirmation), the Manager and the Manager Standby Swap Provider for each Relevant Swap Transactionof Party B's said several capacities, so to the intent that (among other thingsinter alia): (ia) (REFERENCES TO PARTY B): unless the context indicates a contrary intention, each reference to "Party B" in this Agreement shall be construed as a several reference to Party B in its respective capacities as trustee of each Series Trust; (b) (SEPARATE AGREEMENTS): this Master Agreement including, without limitation, this Schedule and the Credit Support Annex together with each Confirmation relating to a Relevant Swap Transaction particular Series Trust will form a single separate agreement between Party A, the Manager, the Standby Swap Provider and Party B and the Manager in its capacity as trustee of that Series Trust and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, the Manager, the Standby Swap Provider or Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, the Manager, the Standby Swap Provider and Party B and in its several capacity as trustee of the Managerrelevant Series Trust; (iic) (REPRESENTATIONS): representations made and agreements entered into by the parties under this Agreement are made and entered separately severally by Party B in its respective capacities as trustee of each Series Trust and severally in respect of each Relevant Swap Transaction the relevant Series Trust and may be enforced separately and by Party B against Party A, the Manager or the Standby Swap Provider severally in respect of each Relevant Party B's said several capacities (and by Party A, the Manager or the Standby Swap TransactionProvider against Party B in Party B's said several capacities); (iiid) (TERMINATION): rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect Party B's respective capacities as trustee of each Relevant Swap TransactionSeries Trust, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; andParty B's said several capacities; (ive) (EVENTS OF DEFAULT AND TERMINATION EVENTS): without limiting Section 15, the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does one Series Trust shall not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction.Series Trust; and (f) (DEFINITIONS): (i) the term "SERIES TRUST":

Appears in 1 contract

Samples: Isda Master Agreement (Securitisation Advisory Services Pty LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, Party B and the Manager; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally in respect of each Relevant Swap Transaction and may be enforced separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an and Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 1 contract

Samples: Isda Master Agreement (Me Portfolio Management LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Offered Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Property under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement have effect separately and severally in respect of each Relevant Swap Transaction and are enforceable by or against Party B as though a separate agreement applied between Party A, Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, Party B and the Manager; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally in respect of each Relevant Swap Transaction and may be enforced separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 1 contract

Samples: Cross Currency Swap Agreement (Me Portfolio Management LTD)

Segregation. The liability of Party B under this Agreement is several and is separate in respect of each Relevant Swap Transaction. The failure of Party B to perform its obligations in respect of any Relevant Swap Transaction does shall not release Party B from its obligations under this Agreement or under any other Relevant Swap Transaction in respect of any other Class A Notes issued by Party B. Nothing in this Agreement affects the respective priority rankings of claims against the Charged Mortgaged Property of Party B under the Security Trust Deed. Without limiting the generality of the foregoing, the provisions of this Agreement shall have effect separately and severally in respect of each Relevant Swap Transaction and are shall be enforceable by or against Party B as though a separate agreement applied between Party A, A and Party B and the Manager for each Relevant Swap Transaction, so that (among other things): (i) this Agreement together with each Confirmation relating to a Relevant Swap Transaction will form a single separate agreement between Party A, A and Party B and the Manager and references to the respective obligations (including references to payment obligations generally and in the context of provisions for the netting of payments and the calculation of amounts due on early termination) of Party A, A and Party B and the Manager shall be construed accordingly as a several reference to each mutual set of obligations arising under each such separate agreement between Party A, A and Party B and the ManagerB; (ii) representations made and agreements entered into by the parties under this Agreement are made and entered separately and severally by Party B in respect of each Relevant Swap Transaction and may be enforced by Party B against Party A separately and severally in respect of each Relevant Swap Transaction; (iii) rights of termination, and obligations and entitlements consequent upon termination, only accrue to Party A against Party B Party_B separately and severally in respect of each Relevant Swap Transaction, and only accrue to Party B against Party A separately and severally in respect of each Relevant Swap Transaction; and (iv) the occurrence of an Event of Default or Termination Event in respect of a Relevant Swap Transaction does not in itself constitute an Event of Default or Termination Event in respect of any other Relevant Swap Transaction."

Appears in 1 contract

Samples: Master Agreement (Westpac Securitisation Management Pty LTD)

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