Third Issuer definition
Examples of Third Issuer in a sentence
Words and expressions defined in the Amended and Restated Master Definitions and Construction Schedule (the "Master Schedule") and the Third Issuer Master Definitions and Construction Schedule (the "Issuer Schedule") (together the "Master Definitions Schedule") signed for the purposes of identification on o will, except so far as the context otherwise requires, have the same meaning in this Agreement.
Notwithstanding Section 7, Party A hereby agrees and consents to the assignment by way of security by Party B of its interests under this Agreement (without prejudice to, and after giving effect to, any contractual netting provision contained in this Agreement) to the Security Trustee (or any successor thereto) pursuant to and in accordance with the Third Issuer Deed of Charge and acknowledges notice of such assignment.
In the event of a conflict between the Amended and Restated Master Definitions and Construction Schedule and the Third Issuer Master Definitions and Construction Schedule, the Third Issuer Master Definitions and Construction Schedule shall prevail.
For the purpose of making any determination or calculation hereunder, the Calculation Agent may rely on any information, report, notice or certificate delivered to it by the Third Issuer Cash Manager or Party B and the Calculation Agent will not be liable for any error, incompleteness or omission regarding such information.
For the purpose of making any determination or calculation hereunder, the Calculation Agent may rely on any information, report, notice or certificate delivered to it by the Third Issuer Cash Manager or Party B and the Calculation Agent shall not be liable for any error, incompleteness or omission regarding such information.
For the avoidance of doubt, the parties agree that the Funding 1 Liquidity Facility will be available notwithstanding that one or more (but not all) of the First Issuer Intercompany Loan Agreement, the Second Issuer Intercompany Loan Agreement, the Third Issuer Intercompany Loan Agreement or the Fourth Issuer Intercompany Loan Agreement may have been repaid in full or cancelled, subject to any reduction of the Funding 1 Liquidity Facility Commitment in accordance with Clause 2.2 (Facility Limits).
In relation to all sums due and payable by Party B to Party A, Party A agrees that it will have recourse only to Funding 1 Revenue Receipts and Funding 1 Principal Receipts, but always subject to the order of priority of payments set out in the Third Issuer Cash Management Agreement and the Third Issuer Deed of Charge.
The Agent Bank accepts its appointment as agent of the Third Issuer for the purpose, inter alia, of calculating the rate of interest on the Third Issuer Notes in accordance with the Conditions and this Agreement.
On any subsequent occasion if any payment of interest under the Series 3 Class B Third Issuer Notes is deferred (including any payment of a previous shortfall of interest or any payment of interest on such shortfall) in accordance with the terms and conditions of the Series 3 Class B Third Issuer Notes, all or a corresponding part of the Party A Floating Amount and a pro rata part of the Party B Floating Amount will be deferred.
No Global Third Issuer Note or Definitive Third Issuer Note shall be valid for any purpose until it has been authenticated by the Registrar, as the case may be, in accordance with this Agreement and the Third Issuer Trust Deed.