Series Parties definition
Examples of Series Parties in a sentence
In respect of any claim against the Issuer in relation to the Notes, the Series Parties and the Noteholders shall have recourse only to the Series Assets in respect of such Notes, subject always to the Security, and not to any other assets of the Issuer.
The Issuer shall give a copy of the Issuer Call Redemption Notice to each of the Series Parties on the same date as such notice is given to the Noteholders.
Furthermore, potential investors should note that the Selling Agent will be able to deduct any of its commissions and/or expenses in connection with the realisation of the Series Assets from the proceeds of realisation of the Series Assets prior to the distribution of such proceeds to the other Series Parties.
The Series Assets are secured in favour of the Trustee for the benefit of the Series Parties (which include the Instrumentholders) as security for the obligations of the Issuer in respect of the Instruments.
By executing the Series Instrument, (i) the Issuer has appointed the Trustee to act as trustee in respect of the Notes on the trust terms (the Trust Terms) and (ii) security is created over the Series Assets in favour of the Trustee on behalf of the Series Parties on the security terms (the Security Terms), in each case, as set out and modified in and incorporated by reference into the Series Instrument.
Following application of the proceeds of realisation of the Series Assets in accordance with the Conditions of the Notes, the claims of the Noteholders, the Hedging Counterparty and the other Series Parties for any shortfall shall be extinguished and the Noteholders, the Hedging Counterparty and the other Series Parties (and any person acting on behalf of any of them) may not take any further action to recover such shortfall.
Furthermore, where the Series Assets become subject to realisation by the Selling Agent, potential investors should note that the Selling Agent will be able to deduct any of its commissions or expenses in connection with the realisation of the Series Assets from the proceeds of realisation of the Series Assets prior to the distribution of such proceeds to the other Series Parties.
The Securitisation Act 2004 provides that the Series Assets (and the proceeds thereof) specified below are available solely to meet the claims of the Series Parties.
The Instruments will have the benefit of English law governed security interests (and, in certain circumstances, security interests governed by the laws of any other relevant jurisdiction) which are granted to the Trustee (for the benefit of the Series Parties for the relevant Series) over all the Series Assets of the relevant Compartment (see the section entitled “Summary”).
Any shortfall shall be borne by the Noteholders, the Hedging Counterparty and the other Series Parties according to the priorities specified in the Conditions of the Notes.