Termination by Collateral Account Bank. (a) The Collateral Account Bank may terminate this Agreement and cease to operate the Collateral Accounts at any time: (i) on giving not less than sixty (60) days' prior written notice (or such shorter period as may be reasonable in the circumstances where termination is due to fraud, material non-compliance with the Collateral Account Bank's terms and conditions relating to the Collateral Accounts or material default by the Issuer under this Agreement) thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto without assigning any reason therefor other than to specify that such termination is in accordance with this Clause 9.6(a)(i); and (ii) on giving not less than sixty (60) days' prior written notice thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto if the Collateral Account Bank shall have demanded payment of its due charges or any interest and the same shall have remained unpaid for a period of one month provided that if the relevant amounts have been paid on or before the date six weeks after the date of delivery of such notice then the notice shall have no effect, provided that in each case, such termination shall not take effect until a replacement financial institution or institutions (x) fulfilling the Collateral Account Bank Rating and (y) being a bank as defined in Section 991 of the ITA 2007 shall have entered into an agreement on terms commercially acceptable in the market, pursuant to which the substitute account bank agrees to assume and perform all the material duties and obligations of the Collateral Account Bank under this Agreement, subject to the prior approval of the Security Trustee. If, by the day falling ten (10) days before the expiry of any notice, such a successor replacement financial institution has not been selected, the Collateral Account Bank shall be entitled, on behalf of the Issuer, to appoint in its place a successor complying with the requirements set out in this paragraph (ii) which the Issuer and Security Trustee shall approve. (b) In the event of a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement, the Collateral Account Bank shall use reasonable efforts to assist the other parties hereto to effect an orderly transition of the banking arrangements documented hereby or thereby, except where termination is a result of fraud or material default by the Issuer under this Agreement, in which case, the Collateral Account Bank may but shall not be obligated to assist the parties hereto to effect an orderly transition and termination of the banking arrangements and termination of the banking arrangements. (c) In all cases, the Collateral Account Bank shall not be responsible for any costs or expenses occasioned by a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement.
Appears in 1 contract
Samples: Collateral Account Bank Agreement
Termination by Collateral Account Bank. (a) The Collateral Account Bank may terminate this Agreement and cease to operate the Collateral Accounts Account at any time:
(i) on giving not less than sixty (60) days' prior written notice (or such shorter period as may be reasonable in the circumstances where termination is due to fraud, material non-compliance with the Collateral Account Bank's terms and conditions relating to the Collateral Accounts Account or material default by the Issuer under this Agreement) thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto without assigning any reason therefor other than to specify that such termination is in accordance with this Clause 9.6(a)(i8.6(a)(i); and
(ii) on giving not less than sixty (60) days' prior written notice thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto if the Collateral Account Bank shall have demanded payment of its due charges or any interest and the same shall have remained unpaid for a period of one month provided that if the relevant amounts have been paid on or before the date six weeks after the date of delivery of such notice then the notice shall have no effect, provided that in each case, such termination shall not take effect until a replacement financial institution or institutions (x) fulfilling the Collateral Account Bank Rating and (y) being a bank as defined in Section 991 of the ITA 2007 shall have entered into an agreement on terms commercially acceptable in the market, pursuant to which the substitute account bank agrees to assume and perform all the material duties and obligations of the Collateral Account Bank under this Agreement, subject to the prior approval of the Security Trustee. If, by the day falling ten (10) days before the expiry of any notice, such a successor replacement financial institution has not been selected, the Collateral Account Bank shall be entitled, on behalf of the Issuer, to appoint in its place a successor complying with the requirements set out in this paragraph (ii) which the Issuer and Security Trustee shall approve.
(b) In the event of a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement, the Collateral Account Bank shall use reasonable efforts to assist the other parties hereto to effect an orderly transition of the banking arrangements documented hereby or thereby, except where termination is a result of fraud or material default by the Issuer under this Agreement, in which case, the Collateral Account Bank may but shall not be obligated to assist the parties hereto to effect an orderly transition and termination of the banking arrangements and termination of the banking arrangements.
(c) In all cases, the Collateral Account Bank shall not be responsible for any costs or expenses occasioned by a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement.
Appears in 1 contract
Samples: Collateral Account Bank Agreement
Termination by Collateral Account Bank. (a) The Collateral Account Bank may terminate this Agreement and cease to operate the Collateral Accounts Account at any time:
(i) on giving not less than sixty (60) days' prior written notice (or such shorter period as may be reasonable in the circumstances where termination is due to fraud, material non-compliance with the Collateral Account Bank's terms and conditions relating to the Collateral Accounts Account or material default by the Issuer under this Agreement) thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto without assigning any reason therefor other than to specify that such termination is in accordance with this Clause 9.6(a)(i); and
(ii) on giving not less than sixty (60) days' prior written notice thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto if the Collateral Account Bank shall have demanded payment of its due charges or any interest and the same shall have remained unpaid for a period of one month provided that if the relevant amounts have been paid on or before the date six weeks after the date of delivery of such notice then the notice shall have no effect, provided that in each case, such termination shall not take effect until a replacement financial institution or institutions (x) fulfilling the Collateral Account Bank Rating and (y) being a bank as defined in Section 991 of the ITA 2007 shall have entered into an agreement on terms commercially acceptable in the market, pursuant to which the substitute account bank agrees to assume and perform all the material duties and obligations of the Collateral Account Bank under this Agreement, subject to the prior approval of the Security Trustee. If, by the day falling ten (10) days before the expiry of any notice, such a successor replacement financial institution has not been selected, the Collateral Account Bank shall be entitled, on behalf of the Issuer, to appoint in its place a successor complying with the requirements set out in this paragraph (ii) which the Issuer and Security Trustee shall approve.
(b) In the event of a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement, the Collateral Account Bank shall use reasonable efforts to assist the other parties hereto to effect an orderly transition of the banking arrangements documented hereby or thereby, except where termination is a result of fraud or material default by the Issuer under this Agreement, in which case, the Collateral Account Bank may but shall not be obligated to assist the parties hereto to effect an orderly transition and termination of the banking arrangements and termination of the banking arrangements.
(c) In all cases, the Collateral Account Bank shall not be responsible for any costs or expenses occasioned by a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement.
Appears in 1 contract
Samples: Collateral Account Bank Agreement
Termination by Collateral Account Bank. (a) The Collateral Account Bank may terminate this Agreement and cease to operate the Collateral Accounts at any time:
(i) on giving not less than sixty (60) days' prior written notice (or such shorter period as may be reasonable in the circumstances where termination is due to fraud, material non-compliance with the Collateral Account Bank's terms and conditions relating to the Collateral Accounts or material default by the Issuer under this Agreement) thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto without assigning any reason therefor other than to specify that such termination is in accordance with this Clause 9.6(a)(i); and
(ii) on giving not less than sixty (60) days' prior written notice thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto if the Collateral Account Bank shall have demanded payment of its due charges or any interest and the same shall have remained unpaid for a period of one month provided that if the relevant amounts have been paid on or before the date six weeks after the date of delivery of such notice then the notice shall have no effect, provided that in each case, such termination shall not take effect until a replacement financial institution or institutions (x) fulfilling the Collateral Account Bank Rating and (y) being a bank as defined in Section 991 of the ITA 2007 shall have entered into an agreement on terms commercially acceptable in the market, pursuant to which the substitute collateral account bank agrees to assume and perform all the material duties and obligations of the Collateral Account Bank under this Agreement, subject to the prior approval of the Security Trustee. If, by the day falling ten (10) days before the expiry of any notice, such a successor replacement financial institution has not been selected, the Collateral Account Bank shall be entitled, on behalf of the Issuer, to appoint in its place a successor complying with the requirements set out in this paragraph (ii) which the Issuer and Security Trustee shall approve.
(b) In the event of a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement, the Collateral Account Bank shall use reasonable efforts to assist the other parties hereto to effect an orderly transition of the banking arrangements documented hereby or thereby, except where termination is a result of fraud or material default by the Issuer under this Agreement, in which case, the Collateral Account Bank may but shall not be obligated to assist the parties hereto to effect an orderly transition and termination of the banking arrangements and termination of the banking arrangements.
(c) In all cases, the Collateral Account Bank shall not be responsible for any costs or expenses occasioned by a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement.
Appears in 1 contract
Samples: Collateral Account Bank Agreement
Termination by Collateral Account Bank. (a) The Collateral Account Bank may terminate this Agreement and cease to operate the Collateral Accounts at any time:
(i) on giving not less than sixty (60) days' prior written notice (or such shorter period as may be reasonable in the circumstances where termination is due to fraud, material non-compliance with the Collateral Account Bank's terms and conditions relating to the Collateral Accounts or material default by the Issuer under this Agreement) thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto without assigning any reason therefor other than to specify that such termination is in accordance with this Clause 9.6(a)(i8.6(a)(i); and
(ii) on giving not less than sixty (60) days' prior written notice thereof ending on any Business Day which does not fall on an Interest Payment Date or less than five (5) Business Days before an Interest Payment Date to each of the other parties hereto if the Collateral Account Bank shall have demanded payment of its due charges or any interest and the same shall have remained unpaid for a period of one month provided that if the relevant amounts have been paid on or before the date six weeks after the date of delivery of such notice then the notice shall have no effect, provided that in each case, such termination shall not take effect until a replacement financial institution or institutions (x) fulfilling the Collateral Account Bank Rating and (y) being a bank as defined in Section 991 of the ITA 2007 shall have entered into an agreement on terms commercially acceptable in the market, pursuant to which the substitute account bank agrees to assume and perform all the material duties and obligations of the Collateral Account Bank under this Agreement, subject to the prior approval of the Security Trustee. If, by the day falling ten (10) days before the expiry of any notice, such a successor replacement financial institution has not been selected, the Collateral Account Bank shall be entitled, on behalf of the Issuer, to appoint in its place a successor complying with the requirements set out in this paragraph (ii) which the Issuer and Security Trustee shall approve.
(b) In the event of a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement, the Collateral Account Bank shall use reasonable efforts to assist the other parties hereto to effect an orderly transition of the banking arrangements documented hereby or thereby, except where termination is a result of fraud or material default by the Issuer under this Agreement, in which case, the Collateral Account Bank may but shall not be obligated to assist the parties hereto to effect an orderly transition and termination of the banking arrangements and termination of the banking arrangements.
(c) In all cases, the Collateral Account Bank shall not be responsible for any costs or expenses occasioned by a termination and cessation of its appointment as the Collateral Account Bank pursuant to this Agreement.
Appears in 1 contract
Samples: Collateral Account Bank Agreement