Examples of Loan Note Conditions in a sentence
No transfer of the Loan Note represented by this Loan Note Certificate shall be permitted except in accordance with Clause 4.4 (Transfers of Loan Notes) of the Security Trust Deed and Cash Management Agreement and the Loan Note Conditions.
The Loan Note Conditions in respect of each Series of Loan Notes shall be binding on the Loan Note Issuer and each Secured Creditor of each Series of Loan Notes.
Until such time as the Security in relation to any Series of Loan Notes becomes enforceable, the monies standing to the credit of any account comprised in the Secured Property in respect of such Series shall be dealt with in accordance with the provisions of this Deed, the relevant Loan Note Supplement and the relevant Loan Note Conditions and the Security Trustee shall not be responsible in such circumstances or at any other time for any loss occasioned thereby by depreciation in value.
The Security Trustee shall not be obliged to agree to any modification which, in the sole opinion of the Security Trustee, would have the effect of (i) exposing the Security Trustee to any liability against which it has not been indemnified and/or secured and/or pre-funded to its satisfaction or (ii) increasing the obligations or duties, or decreasing the rights or protection, of the Security Trustee in the Relevant Documents and/or the Loan Note Conditions.
In the case of any inconsistency between the defined terms in each of the said documents, the order of precedence of such defined terms shall be: the definitions in the relevant Loan Note Supplement, those in this Deed, those in the Loan Note Conditions (as varied or supplemented in relation to any Series by the relevant Loan Note Supplement), followed by those in the Master Framework Agreement.
The Security Trustee shall have regard to the interests of the Loan Note Holders in respect of any Series of Loan Notes only as a class and not to their individual interests and (unless specified otherwise in relation to such Series in the relevant Loan Note Supplement or Loan Note Conditions) shall have regard only to the interests of the Class ranking most senior in such Series of Loan Notes and shall not be liable to other Loan Note Holders in such Series for doing so.
Payments made to any Loan Note Holder in accordance with the relevant Loan Note Conditions shall satisfy this obligation to the extent of such payments and shall, save as specified herein, be a good discharge to the Loan Note Issuer and the Security Trustee.
In particular and without limitation, the Security Trustee shall not be liable for any such decline or loss directly or indirectly arising from its acting or failing to act as a consequence of an opinion reached by it in good faith based on advice received by it in accordance with this Deed and the Loan Note Conditions, unless such Liability is occasioned by the fraud, gross negligence or wilful default of the Security Trustee.
In these Loan Note Conditions, the "holder" of a Loan Note means the person in whose name or on whose behalf such Loan Note is for the time being registered in the Loan Note Register and "Loan Note Holder" shall be construed accordingly.
The relevant new Loan Note Holder will be required to bear the costs and expenses of effecting any registration of a transfer as provided in Loan Note Conditions 1.2.1 (Transfers) and 1.2.2 (Registration and Delivery of Loan Note Certificate) above.