Excess Assets definition
Examples of Excess Assets in a sentence
Where an Excess Assets Direction is delivered, Clause 6.5 (Division of Transaction Security) of the Principal Trust Deed shall not apply.
An Excess Assets Direction will describe the way in which the Trustee (or any receiver, agent or other person appointed by the Trustee) is required (subject to the Trustee's limited discretion to act otherwise than in accordance with such Excess Assets Direction, as set out in Condition 4(f) (Excess Assets Direction)) to realise the Mortgaged Property, which may affect (i) the amount received in respect of such realisation and (ii) the time frame in which the Mortgaged Property is realised.
Following such notification, the Trustee may receive an Excess Assets Direction from an Other Creditor that has provided security to the Issuer in support of its obligations under a Swap, Contract, Collateral Securities Agreement, Deposit Agreement or Other Agreement.
In circumstances where the Transaction Security in respect of any Series of Securities becomes enforceable and the Trustee (or any receiver, agent or other person appointed by the Trustee) determines that the value of the Mortgaged Property relating thereto exceeds or is likely to exceed the total liabilities of the Issuer in respect of such Series, the Trustee will be required to notify certain parties in accordance with Condition 4(f) (Excess Assets Direction).
The Trustee (and any receiver, agent or other person appointed by the Trustee) and the Issuer shall incur no liability to any person from complying with the instructions in any Excess Assets Direction and the Trustee shall not be required to have any consideration of the interests of the Holders of Securities with respect to the implementation of any Excess Assets Direction.