Settlement and discharge. The Trustee shall settle with the outgoing Custodian the amount of any sums payable by the outgoing Custodian to the Trustee or by the Trustee to the outgoing Custodian and shall give to or accept from the outgoing Custodian a discharge in respect of those sums (subject to clause 7.5) which shall be conclusive and binding as between the Trustee, the outgoing Custodian, the new Custodian, the Manager, the Beneficiaries and the Noteholders.
Settlement and discharge. Subject to clause 7.5, the Trustee shall settle with the outgoing Servicer the amount of any sums payable by the outgoing Servicer to the Trustee or by the Trustee to the outgoing Servicer and shall give to or accept from the outgoing Servicer a discharge in respect of those sums which shall be conclusive and binding as between the Trustee, the outgoing Servicer, the new Servicer, the Manager, the Beneficiaries and the Noteholders.
Settlement and discharge. Subject to clause 16.7, the Trustee shall settle with the outgoing Manager the amount of any sums payable by the outgoing Manager to the Trustee or by the Trustee to the outgoing Manager and shall give to or accept from the outgoing Manager a discharge in respect of those sums which shall be conclusive and binding as between the Trustee, the outgoing Manager, the new Manager, the Beneficiaries, the Noteholders and the other Creditors.
Settlement and discharge. The Trustee shall settle with the outgoing Trust Manager the amount of any sums payable by the outgoing Trust Manager to the Trustee or by the Trustee to the outgoing Trust Manager and shall give to or accept from the outgoing Trust Manager a discharge in respect of those sums which shall be conclusive and binding as between the Trustee, the outgoing Trust Manager, the new Trust Manager, the Beneficiaries and the Noteholders.
Settlement and discharge. The Trustee will settle with the outgoing Servicer the amount of any sums payable by the outgoing Servicer to the Trustee or by the Trustee to the outgoing Servicer and will give to or accept from the outgoing Servicer a discharge in respect of those sums which will be conclusive and binding as -------------------------------------------------------------------------------- Page 11 Xxxxx Xxxxx INVESTMENT MANAGEMENT AGREEMENT & Xxxxxxx -------------------------------------------------------------------------------- between the Trustee, the outgoing Servicer, the new Servicer, the Trust Manager, the Beneficiaries and the Noteholders.
Settlement and discharge. Any settlement or discharge between the Chargor and the Security Trustee shall be conditional upon no security or payment to the Security Trustee by the Chargor or any other person being avoided or set-aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy, insolvency or liquidation for the time being in force and if such condition is not satisfied (but without limiting the other rights of the Security Trustee hereunder or under applicable law), such settlement or discharge shall be of no effect and the security created by this Deed shall remain and/or shall be reinstated in full force and effect as if such settlement or discharge had not occurred and the Security Trustee shall, on behalf of the Lender Parties, be entitled to recover from the Chargor on demand the value (to the extent of the value of the outstanding Liabilities at the time of such demand) of the security or payment so avoided, set-aside, refunded or reduced.
Settlement and discharge. 8.1 Any release or discharge of, or settlement between, the Guarantor and the Landlord, shall be conditional upon any security disposition or payment to the Landlord by the Tenant, the Guarantor, any co-guarantor, or any other person not being void, set aside or ordered to be refunded pursuant to any law or enactment relating to bankruptcy, liquidation or insolvency or for any other reason whatever. If such condition shall not be fulfilled the Landlord shall be entitled to enforce this Deed subsequently as if any such release discharge or settlement had not occurred.
Settlement and discharge. Any settlement or discharge between the Borrower or any Subordinated Creditor and the Security Trustee shall be conditional upon no security or payment to the Security Trustee by the Borrower or any Subordinated Creditor or any other person being avoided or set-aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy, insolvency or liquidation for the time being in force and if such condition is not satisfied (but without limiting the other rights of the Security Trustee hereunder or under applicable law), such settlement or discharge shall be of no effect and the security created by this Deed shall remain and/or shall be reinstated in full force and effect as if such settlement or discharge had not occurred and the Security Trustee shall, on behalf of the Lender Parties, be entitled to recover from the Borrower and each Subordinated Creditor on demand the value (to the extent of the value of the outstanding Liabilities at the time of such demand) of the security or payment so avoided, set-aside, refunded or reduced.
Settlement and discharge. 3 9 Notices ...................................................................4 10 Severable Nature of Obligations ...........................................4 11 Continuance of Tenant's Obligations .......................................4 12 Execution in Counterpart ..................................................4
Settlement and discharge. On payment of all amounts due under Clauses 6.3, 6.4, 8.2 and 8.3, all Actual Inter-Group Debts and Actual Inter-Group Credits shall be and be treated as having been irrevocably satisfied and discharged in full and no member of the Group or of the Sellers’ Group shall thereafter claim or be entitled to claim otherwise.
