Indenture Trustee May Perform Covenants. If the Trust shall fail to perform any of its covenants in this Indenture or in any other Programme Agreement, the Indenture Trustee may, in its discretion, but, unless provided to the contrary herein, need not, notify Specified Creditors of such failure, or itself may perform such of the said covenants capable of being performed by it, and, if any such covenant requires the payment or expenditure of money, it may make such payments or expenditures with its own funds, or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so; provided, however, that no such performance or payment by the Indenture Trustee shall be deemed to release the Trust from its covenant in respect thereof or relieve the Trust from the consequences of the occurrence of any Related Event of Default hereunder arising from the non-performance by the Trust of any such covenant, and any amounts so paid or expended by the Indenture Trustee shall be secured by the Lien Hereof, and form part of the Secured Obligations and the Indenture Trustee shall be entitled to receive repayment of such amounts from the Collateral to which the Specified Creditors have recourse pursuant to this Indenture in priority to any other payment from such Collateral.
Indenture Trustee May Perform Covenants. If the Trust fails to perform any of its covenants herein contained, the Indenture Trustee may, subject to the receipt of indemnification and funding reasonably acceptable to the Indenture Trustee as provided in Sections 12.3(2) and 12.3(3), itself perform the covenant if the covenant is capable of being performed by the Indenture Trustee (but will be under no obligation to do so) and, if the covenant requires the payment or expenditure of money, the Indenture Trustee may make the payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but will be under no obligation so to do; and all sums so expended or advanced will bear interest at a rate per annum equal to the then current rate of interest charged by the Indenture Trustee from time to time so long as the same is commercially reasonable, from the date of expenditure until repayment and will (together with such interest) be paid by the Trust upon demand and will until paid form part of the Obligations Secured and constitute a charge or lien on the Collateral to which such covenant related in priority to the security hereby constituted and will be payable out of any funds coming into possession of the Indenture Trustee hereunder. No performance or payment will be deemed to release the Trust from the consequences of the occurrence of any Related Event of Default hereunder.
