Examples of Series Secured Creditors in a sentence
The rights of the Series Secured Creditors as beneficiaries under the Series Security Trust are restricted.
Each of the Series Manager and the Trust Manager has undertaken in the Issue Supplement and the Supplementary Terms Notice (as applicable) that if it determines that any other such security interests arise and that failure to perfect those security interests could have material adverse effect upon the Series Secured Creditors or the Trust Secured Creditors (as applicable) that it will give certain directions to take appropriate action to perfect such security interests under the PPSA.
The moneys available to the Series Security Trustee for distribution may not be sufficient to satisfy in full the claims of all or any of the Series Secured Creditors and this may have an impact upon Liberty Funding’s ability to repay all amounts outstanding in relation to the Offered Notes and absent sufficient credit support, Holders of the Offered Notes may suffer a loss.
In particular, the Series Secured Creditors have only limited rights with respect to the direction and removal of the Series Manager, Liberty Funding (in respect of the Series), and the Series Security Trustee.
Liberty Funding’s liability in connection with the Transaction Documents of a Series (including any transaction in connection with them) may be discharged from, and the recourse of the Series Security Trustee and the Series Secured Creditors is limited to, the Series Collateral.
Under the Series General Security Deed, Liberty Funding grants a security interest over all the Series Assets in favour of the Series Security Trustee to secure the payment of monies owing to the Series Secured Creditors, including, among others, the Holders of the Notes, the Series Security Trustee, the Series Registrar and the Series Manager.
In 2016, the Plant’s average dry weather influent flow was 18.76 million gallons per day (MGD), well below its permitted average dry-weather capacity of 39 MGD.
Upon the occurrence of a Series Event of Default, the Series Security Trustee will be entitled to enforce the Series Charge and apply the Series Assets which are charged in favour of the Series Security Trustee for the benefit of the Series Secured Creditors of the Series (which term includes the Holders of the Offered Notes).
In such circumstances the Note Trustee or the Receiver will be entitled to enforce the Series Assets only in relation to the Defaulted Series for the benefit of the Series Secured Creditors of such Defaulted Series and will have no further claim against the Issuer in respect of the amounts payable under the Notes other than under the Issuer Floating Charge and thereafter as an unsecured creditor.
The Series 2 Priority of Payments is the sequence in which the Issuer or, following a Guarantee Event, the Series Security SPV, as the case may be, will make payments to the Issuer’s creditors in respect of this Series (including the Noteholders and the other Series Secured Creditors).