Common use of Additional Powers Clause in Contracts

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Issuer Charged Property in respect thereof and, in the case of a Fifth Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Issuer Noteholders and all other Fifth Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Third Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Third Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Third Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Third Issuer Charged Property in respect thereof and, in the case of a Fifth Third Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Third Issuer Noteholders and all other Fifth Third Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Issuer Funding 2 Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person persons to maintain insurance, but to the extent that it does so, the Fifth Issuer Funding 2 shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Issuer Funding 2 fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Issuer Funding 2 Charged Property in respect thereof andthereof, and in the case of a Fifth Issuer Note Master Intercompany Loan Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Issuer Noteholders and all other Fifth Issuer Funding 2 Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Fourth Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Fourth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Fourth Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Fourth Issuer Charged Property in respect thereof and, in the case of a Fifth Fourth Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Fourth Issuer Noteholders and all other Fifth Fourth Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Issuer Funding Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person persons to maintain insurance, but to the extent that it does so, the Fifth Issuer Funding shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Issuer Funding fails to pay such premiums or expenses or to reimburse the Security Trustee thereforTrustee, the Security Trustee shall be entitled to be indemnified out of the Fifth Issuer Funding Charged Property in respect thereof andthereof, and in the case of a Fifth Issuer Note Acceleration an Intercompany Loan Enforcement Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Issuer Noteholders and all other Fifth Issuer Funding Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Second Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Second Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Second Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Second Issuer Charged Property in respect thereof and, in the case of a Fifth Second Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Second Issuer Noteholders and all other Fifth Second Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Sixth Issuer Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Sixth Issuer Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Sixth Issuer Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Sixth Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Sixth Issuer Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Sixth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Sixth Issuer Security Trustee may properly incur in relation to such insurance. If the Fifth Sixth Issuer fails to pay such premiums or expenses or to reimburse the Sixth Issuer Security Trustee thereforTrustee, the Sixth Issuer Security Trustee shall be entitled to be indemnified out of the Fifth Sixth Issuer Charged Property in respect thereof and, in the case of a Fifth Sixth Issuer Note Acceleration Enforcement Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Sixth Issuer Noteholders and all other Fifth Sixth Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Sixth Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Sixth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Sixth Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Sixth Issuer Charged Property in respect thereof and, in the case of a Fifth Sixth Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Sixth Issuer Noteholders and all other Fifth Sixth Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Seventh Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Seventh Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Seventh Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Seventh Issuer Charged Property in respect thereof and, in the case of a Fifth Seventh Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Seventh Issuer Noteholders and all other Fifth Seventh Issuer Secured Creditors and otherwise in accordance with this Deed.

Additional Powers. The Ninth Issuer Security Trustee shall have the power to insure against any liabilities or obligations arising: (a) as a result of the Ninth Issuer Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees); (b) as a result of any act or failure to act by any person or persons to whom the Ninth Issuer Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default); (c) in connection with the Fifth Ninth Issuer Charged Property; or (d) in connection with or arising from the enforcement of the security created by this Deed. The Ninth Issuer Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Ninth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Ninth Issuer Security Trustee may properly incur in relation to such insurance. If the Fifth Ninth Issuer fails to pay such premiums or expenses or to reimburse the Ninth Issuer Security Trustee thereforTrustee, the Ninth Issuer Security Trustee shall be entitled to be indemnified out of the Fifth Ninth Issuer Charged Property in respect thereof and, in the case of a Fifth Ninth Issuer Note Acceleration Enforcement Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Ninth Issuer Noteholders and all other Fifth Ninth Issuer Secured Creditors and otherwise in accordance with this Deed.