Enforceable. (a) Without prejudice to the provisions of Clause 9 (Receiver) the security created under this Current Issuer Deed of Charge shall become immediately enforceable and the power of sale and other powers conferred by Section 101 of the 1925 Act, as varied or amended by this Current Issuer Deed of Charge, shall be exercisable by the Note Trustee: (i) at any time when any Current Issuer Note remains outstanding, in accordance with and subject to, Clause 6 (Enforcement) and Clause 7 (Proceedings, Action and Indemnification) of the Current Issuer Trust Deed which shall, as necessary, be incorporated in and apply, mutatis mutandis, to this Current Issuer Deed of Charge (and for that purpose references therein to "this Trust Deed" or "these presents" shall be construed as references to this Current Issuer Deed of Charge); or (ii) if there are no Current Issuer Notes outstanding, following a default in payment of any other Current Issuer Secured Obligations on its due date or within any applicable grace period following such due date stated in the relevant Current Issuer Transaction Document but subject always to any limited recourse provisions stated therein and to Clause 6.6 (No Enforcement by Current Issuer Secured Creditors) hereof; or (iii) upon the service on Funding by the Security Trustee of an Intercompany Loan Enforcement Notice. (b) For the purposes of the Jersey Security Interests, upon the occurrence of any of the events specified in Clause 7.2 (a) (i), (ii) or (iii) (which shall constitute events of default for the purposes of the Jersey Security Interests in accordance with the Jersey Security Law) the Note Trustee shall have the right to give notice (the "Current Issuer Jersey Enforcement Notice") to the Current Issuer in accordance with the Jersey Security Law and the power of sale of the Current Issuer Jersey Secured Property shall become exercisable without the order of the Jersey court in accordance with the Jersey Security Law so that the Jersey Security Interests shall be enforceable in accordance with the provisions of the Jersey Security Law.
Appears in 9 contracts
Sources: Issuer Deed of Charge (Granite Mortgages 04-1 PLC), Issuer Deed of Charge (Granite Mortgages 04-2 PLC), Issuer Deed of Charge (Granite Finance Trustees LTD)
Enforceable. (a) Without prejudice to the provisions of Clause 9 (Receiver) the security created under this Current Issuer Deed of Charge shall become immediately enforceable and the power of sale and other powers conferred by Section 101 of the 1925 Act, as varied or amended by this Current Issuer Deed of Charge, shall be exercisable by the Note Trustee:
(i) at any time when any Current Issuer Note remains outstanding, in accordance with and subject to, Clause 6 (Enforcement) and Clause 7 (Proceedings, Action and Indemnification) of the Current Issuer Trust Deed which shall, as necessary, be incorporated in and apply, mutatis mutandis, to this Current Issuer Deed of Charge (and for that purpose references therein to "this Trust Deed" or "these presents" shall be construed as references to this Current Issuer Deed of Charge); or
(ii) if there are no Current Issuer Notes outstanding, following a default in payment of any other Current Issuer Secured Obligations on its due date or within any applicable grace period following such due date stated in the relevant Current Issuer Transaction Document but subject always to any limited recourse provisions stated therein and to Clause 6.6 (No Enforcement by Current Issuer Secured Creditors) hereof; or
(iii) upon the service on Funding by the Security Trustee of an Intercompany Loan Enforcement Notice.
(b) For the purposes of the Jersey Security Interests, upon the occurrence of any of the events specified in Clause 7.2 (a) (i), (ii) or (iii) (which shall constitute events of default for the purposes of the Jersey Security Interests in accordance with the Jersey Security Law) the Note Trustee shall have the right to give notice (the "Current Issuer Jersey Enforcement NoticeCURRENT ISSUER JERSEY ENFORCEMENT NOTICE") to the Current Issuer in accordance with the Jersey Security Law and the power of sale of the Current Issuer Jersey Secured Property shall become exercisable without the order of the Jersey court in accordance with the Jersey Security Law so that the Jersey Security Interests shall be enforceable in accordance with the provisions of the Jersey Security Law.
Appears in 3 contracts
Sources: Issuer Deed of Charge (Granite Mortgages 02-2 PLC), Issuer Deed of Charge (Granite Mortgages 03-1 PLC), Issuer Deed of Charge (Granite Mortgages 03-1 PLC)
Enforceable. (a) Without prejudice to the provisions of Clause 9 (Receiver) the security created under this Current Issuer Deed of Charge shall become immediately enforceable and the power of sale and other powers conferred by Section 101 of the 1925 Act, as varied or amended by this Current Issuer Deed of Charge, shall be exercisable by the Note Trustee:
(i) at any time when any Current Issuer Note remains outstanding, in accordance with and subject to, Clause 6 9 (Enforcement) and Clause 7 10 (Proceedings, Action and Indemnification) of the Current Issuer Trust Deed which shall, as necessary, be incorporated in and apply, mutatis mutandis, to this Current Issuer Deed of Charge (and for that purpose references therein to "this Trust Deed" or "these presents" shall be construed as references to this Current Issuer Deed of Charge); or
(ii) if there are no Current Issuer Notes outstanding, following a default in payment of any other Current Issuer Secured Obligations on its due date or within any applicable grace period following such due date stated in the relevant Current Issuer Transaction Document but subject always to any limited recourse provisions stated therein and to Clause 6.6 (No Enforcement by Current Issuer Secured Creditors) hereof; or
(iii) upon the service on Funding by the Security Trustee of an Intercompany Loan Enforcement Notice.
(b) For the purposes of the Jersey Security Interests, upon the occurrence of any of the events specified in Clause 7.2 (a) (i), (ii) or (iii) (which shall constitute events of default for the purposes of the Jersey Security Interests in accordance with the Jersey Security Law) the Note Trustee shall have the right to give notice (the "Current Issuer Jersey Enforcement Notice") to the Current Issuer in accordance with the Jersey Security Law and the power of sale of the Current Issuer Jersey Secured Property shall become exercisable without the order of the Jersey court in accordance with the Jersey Security Law so that the Jersey Security Interests shall be enforceable in accordance with the provisions of the Jersey Security Law.
Appears in 3 contracts
Sources: Issuer Deed of Charge (Granite Mortgages 04-2 PLC), Issuer Deed of Charge (Granite Mortgages 03-3 PLC), Issuer Deed of Charge (Granite Mortgages 04-1 PLC)
Enforceable. (a) Without prejudice to the provisions of Clause 9 (Receiver) the security created under or pursuant to this Current Issuer Funding Deed of Charge shall become immediately enforceable and the power of sale and other powers conferred by Section 101 of the 1925 Act, as varied or amended by this Current Issuer Funding Deed of Charge, shall be exercisable by the Note Security Trustee, in each case at any time:
(i) at any time when any Current Issuer Note remains outstanding, in accordance with and subject to, Clause 6 (Enforcement) and Clause 7 (Proceedings, Action and Indemnification) upon the service on Funding by the Security Trustee of the Current Issuer Trust Deed which shall, as necessary, be incorporated in and apply, mutatis mutandis, to this Current Issuer Deed of Charge (and for that purpose references therein to "this Trust Deed" or "these presents" shall be construed as references to this Current Issuer Deed of Charge)an Intercompany Loan Enforcement Notice; or
(ii) if there are no Current Issuer Notes Intercompany Loans outstanding, following a default in payment of any other Current Issuer Funding Secured Obligations Obligation on its due date or within any applicable grace period following such due date stated in the relevant Current Issuer Funding Transaction Document but subject always to any limited recourse provisions stated therein and to Clause 6.6 6.7 (No Enforcement by Current Issuer Funding Secured CreditorsCreditors and Limited Recourse) hereof; or
(iii) upon the service on Funding by the Security Trustee of an Intercompany Loan Enforcement Notice.
(b) For the purposes of the Jersey Security Interests, upon the occurrence of any of the events specified in Clause 7.2 (a) (i), (ii) or (iiiii) (which shall constitute events of default for the purposes of the Jersey Security Interests in accordance with the Jersey Security Law) the Note Security Trustee shall have the right but not subject to Clause 7.5 (Mandatory Enforcement) the obligation to give notice (the "Current Issuer Jersey Enforcement NoticeFUNDING JERSEY ENFORCEMENT NOTICE") to the Current Issuer Funding in accordance with the Jersey Security Law and the power of sale of the Current Issuer Funding Jersey Secured Property shall become exercisable without the order of the Jersey court in accordance with the Jersey Security Law so that the Jersey Security Interests shall be enforceable in accordance with the provisions of the Jersey Security Law.
Appears in 1 contract
Sources: Funding Deed of Charge (Granite Mortgages 03-2 PLC)