Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Security Agent in relation to the trusts constituted by this Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 or the Trustee Xxx 0000 and the provisions of this Agreement, the provisions of this Agreement shall, to the extent allowed by law, prevail and, in the case of any inconsistency with the Trustee Xxx 0000, the provisions of this Agreement shall constitute a restriction or exclusion for the purposes of that Act.
Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Note Trustee in relation to the trusts constituted by this Deed. Where there are any inconsistencies between the Trustee Acts and the provisions of this Deed, the provisions of this Deed shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Act 2000, the provisions of this Deed shall constitute a restxxxxxxx or exclusion for the purposes of that Act.
Disapplication. 10.6.1 If at any time the Transporters shall have delivered a dis-application request pursuant to paragraph 4 of Special Condition 2A, 3A or paragraph 11 of Special Condition 3A of the Transporter's Licence, or the equivalent provision in any condition of that licence which may apply following any modification of that licence, then if the Transporters shall give notice to the Authority not less (except with the consent of the Authority) than 9 months before the dis-application date (as defined in that condition), all Compensation Rules and the related Compensation Provisions shall cease to have effect with effect from the dis-application date.
Disapplication. The Notes confer no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of the Notes, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Disapplication. In addition to its rights under or by virtue of this Agreement and the other Finance Documents, the Security Agent shall have all the rights conferred on a trustee by the Trustee Act 1925, the Trustee Delegation Act 1999, the Trustee Act 2000 and by general law or otherwise, provided that:
Disapplication. Section 1 of the Trustee Act 2000 (United Kingdom) shall not apply to the duties of the Security Agent or the Secondary Security Agent in relation to the trusts constituted by this Agreement. Where there are any inconsistencies between the Trustee Act 1925 (United Kingdom) or the Xxxxxxx Xxx 0000 (Xxxxxx Xxxxxxx) and the provisions of this Agreement, the provisions of this Agreement shall, to the extent allowed by law, prevail and, in the case of any inconsistency with the Trustee Act 2000 (United Kingdom), the provisions of this Agreement shall constitute a restriction or exclusion for the purposes of that Act.
Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties and powers of the Security Agent in relation to the trusts constituted by any Finance Document save to the extent required by law. Where there are inconsistencies between the Trustee Xxx 0000 and the Trustee Xxx 0000 and the express provisions of any such Finance Document, the provisions of such Finance Document shall, to the extent allowed by law, prevail and, in the 136 case of any such inconsistency with the Trustee Xxx 0000, the provisions of such Finance Document shall constitute a restriction or exclusion for the purposes of that Act. SCHEDULE 11 EXISTING INDEBTEDNESS Total Currency USD Company Commencement Lender/Security Year of Facility Balance Balance with liability Date Holder Expiry Currency (000s) (000s)* (000s)* Security Comments Third Party Facilities Loans and Guarantees BOURNEMOUTH & WEST HANTS. WATER PLC 21/06/2006 RBS 0000 XXX £ 10,000 Subordinated facility - secured (BSTID) Acquisition Facility used to secure Pension deficit Guarantee Balance £ 8,600 $ 17,097 BOURNEMOUTH & WEST HANTS. WATER PLC 20/04/2005 RBS (‘Artesian’) 0000 XXX £ 65,000 (+indexation) £ 71,600 $ 142,346 Secured facility (BSTID) General funding for BWH regulated business and used to refinance Pref Shares Index linked with indexation added to BOURNEMOUTH & WEST HANTS. WATER PLC Revolving Lloyds Bank N/A GBP £ 5,000 £ nil $ nil Unsecured Overdraft facility; rolled over annually on 31 January BOURNEMOUTH & WEST HANTS. WATER PLC N/A Perpetual Debentures N/A GBP £ 163 £ 163 $ 324 Unsecured BOURNEMOUTH & WEST HANTS. WATER PLC 2007 Pre Heat Vendors 0000 XXX £ 700 £ 700 $ 1,392 Unsecured Part of financing of Pre Heat Acquisition CASCAL N.V. Guarantee (for benefit of): Lloyds NOTE: TO BE REPLACED BY UTILISATION OF 138 Total Currency USD Company Commencement Lender/Security Year of Facility Balance Balance with liability Date Holder Expiry Currency (000s) (000s)* (000s)* Security Comments THE FACILITY DBSA/Nelspruit RAND ZAR 10,819 )Cash collateralised Main Performance Council )$161K Guarantee Nelspruit Council RAND ZAR 721 ) ) Customer Deposit Guarantee CASCAL N.V. Guarantee (for benefit of): Barclays NOTE: TO BE REPLACED BY UTILISATION OF THE FACILITY Banco Xxxxxxx Nelspruit Council RAND ZAR 6,298 )Cash collateralised )$1,038K ) ) Secures Cascal S.A. Loan O&M Performance Guarantee CASCAL BV and Cascal Investments Limited Guarantee (for benefit of): 2006 I.F.C. USD $ 16,000 $ 8,640 Guarantee is unsecured Guarantee ...
Disapplication. In addition to its rights under or by virtue of this Agreement and the other Finance Documents, the Security Trustee shall have all the rights conferred on a trustee by the Trustee Xxx 0000, the Trustee Delegation Xxx 0000, the Trustee Xxx 0000 and by general law or otherwise, provided that:
Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Administrative Agent in relation to the trusts constituted by such UK Security Instrument. Where there are any inconsistencies between the Trustee Axx 0000 or the Trustee Axx 0000 and the provisions of such UK Security Instrument, the provisions of such UK Security Instrument shall, to the extent allowed by law, prevail and, in the case of any inconsistency with the Trustee Axx 0000, the provisions of such UK Security Instrument shall constitute a restriction or exclusion for the purposes of that Act.
Disapplication. Section 1 of the Trustee Act 2000 shall not apply to the duties of either of the Security Agent in relation to the trusts constituted by this Agreement. Where there are any inconsistencies between the Trustee Xxx 0000 or the Trustee Xxx 0000 and the provisions of this Agreement, the provisions of this Agreement shall, to the extent allowed by law, prevail and, in the case of any inconsistency with the Trustee Xxx 0000, the provisions of this Agreement shall constitute a restriction or exclusion for the purposes of that Act. For the avoidance of doubt, the duties of the Security Agent will be determined in accordance with this Agreement and the provisions of the Israeli Securities Laws 1968 with regard to a Trustee of publicly traded debt will not apply in any respect.
