Examples of Funding Charged Property in a sentence
For the avoidance of doubt, it is hereby confirmed that the Security Interests (including the Jersey Security Interests) created under or pursuant to Clauses 3.1 (Funding Charged Property) to Clause 3.4 (Authorised Investments and Swap Collateral) (inclusive) are intended to be specific and fixed assignments, or specific and fixed charges over (as the case may be) the property and assets to which they relate, both present and future, including property and assets which are acquired after the date hereof.
The exclusion of any part of the Funding Charged Property from the appointment of the Receiver shall not preclude the Security Trustee from subsequently extending its appointment (or that of the Receiver replacing it) to that part of the Funding Charged Property or appointing another Receiver over any other part of the Funding Charged Property.
If and whenever the Security Trustee or the Receiver enters into possession of the Funding Charged Property, it shall be entitled at any time to go out of such possession.
Such remuneration shall accrue from day to day and be payable up to and including the date when all of the Funding Secured Obligations have been paid or discharged and the Security Trustee has released, reassigned and/or discharged the Funding Charged Property as provided in Clause 4 (Release of Funding Charged Property).
The security conferred by the Funding Deed of Charge constitutes a first priority security interest of the type described, and over the security assets referred to, in the Funding Deed of Charge and the Funding Charged Property is not subject to any prior or pari passu Security Interests.
Entry into possession of the Funding Charged Property or any part thereof shall not render the Security Trustee or any Receiver of Funding liable to account as mortgagee in possession for anything except actual receipts.
Such remuneration and such commission) (if any) shall be payable hereunder by Funding alone subject always to Clause 8.3 (Funding Post-Enforcement Priority of Payments) and the amount of such remuneration shall form part of the Funding Secured Obligations and shall accordingly be secured on the Funding Charged Property under the security created by or pursuant to this Funding Deed of Charge.
The Security Trustee may pay over to such Receiver any monies constituting part of the Funding Charged Property to the intent that the same may be applied for the purposes of this Funding Deed of Charge by such Receiver and the Security Trustee may from time to time determine what funds the Receiver shall be at liberty to keep in hand with a view to the performance of its duties as such Receiver.
The Security Trustee shall have no responsibility whatsoever to any Funding Secured Creditor as regards any deficiency which might arise because the Security Trustee is subject to any Tax in respect of the Funding Charged Property or any part thereof or any income therefrom or any proceeds thereof or is required by law to make any withholding or deduction from any payment to any Funding Secured Creditor.
The Security Trustee will not be responsible or liable for any inadequacy or unfitness of any Funding Charged Property as security or any decline in value or any loss realised upon any disposition of the Funding Charged Property.