OF, THE CHARGOR, ANY OTHER NOTES PARTY OR ANY
OTHER PERSON OR ANY NON-PRESENTATION OR NON-OBSERVANCE OF ANY FORMALITY OR OTHER
REQUIREMENT IN RESPECT OF ANY INSTRUMENT OR ANY FAILURE TO REALISE THE FULL
VALUE OF ANY SECURITY;
14.3.4
ANY DEATH, MENTAL OR OTHER INCAPACITY OR LACK OF POWER,
AUTHORITY OR LEGAL PERSONALITY OF OR DISSOLUTION OR CHANGE IN THE MEMBERS OR
STATUS OR CONSTITUTION OF THE CHARGOR, ANY OTHER NOTES PARTY OR ANY OTHER
PERSON;
14.3.5
ANY AMENDMENT (HOWEVER FUNDAMENTAL) OR REPLACEMENT OF A
INDENTURE DOCUMENT OR ANY OTHER DOCUMENT OR SECURITY;
14.3.6
ANY UNENFORCEABILITY, ILLEGALITY OR INVALIDITY OF ANY
OBLIGATION OF ANY PERSON UNDER ANY INDENTURE DOCUMENT OR ANY OTHER DOCUMENT OR
SECURITY;
17
14.3.7
ANY INSOLVENCY, BANKRUPTCY, LIQUIDATION, WINDING-UP OR
SIMILAR PROCEEDINGS;
14.3.8
THIS DEED OR ANY INDENTURE DOCUMENT NOT BEING EXECUTED BY OR
BINDING UPON ANY PERSON; OR
14.3.9
ANY POSTPONEMENT, DISCHARGE, REDUCTION, NON-PROVABILITY OR
OTHER SIMILAR CIRCUMSTANCE AFFECTING ANY OBLIGATION OF ANY NOTES PARTY OR OTHER
PERSON UNDER ANY INDENTURE DOCUMENT RESULTING FROM ANY INSOLVENCY, LIQUIDATION
OR DISSOLUTION PROCEEDINGS OR FROM ANY LAW, REGULATION OR ORDER.
14.4
IMMEDIATE RECOURSE
The Chargor waives any right it may have of first requiring any Secured Party
(or any trustee or agent on its behalf) to proceed against or enforce any other
rights or security or claim payment from any person before claiming from the
Chargor under this Deed. This waiver applies irrespective of any law to the
contrary.
14.5
APPROPRIATIONS
Until all the Obligations have been irrevocably paid in full, each Secured Party
(or any trustee or agent on its behalf) may:
14.5.1
REFRAIN FROM APPLYING OR ENFORCING ANY OTHER MONEYS,
SECURITY OR RIGHTS HELD OR RECEIVED BY THAT SECURED PARTY (OR ANY TRUSTEE OR
AGENT ON ITS BEHALF) IN RESPECT OF THOSE AMOUNTS, OR APPLY AND ENFORCE THE SAME
IN SUCH MANNER AND ORDER AS IT SEES FIT (WHETHER AGAINST THOSE AMOUNTS OR
OTHERWISE) AND THE CHARGOR SHALL NOT BE ENTITLED TO THE BENEFIT OF THE SAME; AND
14.5.2
HOLD IN A SUSPENSE ACCOUNT ANY MONEYS RECEIVED FROM THE
CHARGOR OR ON ACCOUNT OF THE CHARGOR'S LIABILITY UNDER THIS DEED.
14.6
DEFERRAL OF CHARGOR'S RIGHTS
14.6.1
UNTIL ALL THE OBLIGATIONS HAVE BEEN IRREVOCABLY PAID IN FULL
AND UNLESS THE COLLATERAL AGENT OTHERWISE DIRECTS, THE CHARGOR WILL NOT EXERCISE
ANY RIGHTS WHICH IT MAY HAVE BY REASON OF PERFORMANCE BY IT OF ITS OBLIGATIONS
UNDER THE INDENTURE DOCUMENTS TO TAKE THE BENEFIT (IN WHOLE OR IN PART AND
WHETHER BY WAY OF SUBROGATION OR OTHERWISE) OF ANY RIGHTS OF THE SECURED PARTIES
UNDER THE INDENTURE DOCUMENTS OR OF ANY GUARANTEE OR OTHER SECURITY TAKEN
PURSUANT TO, OR IN CONNECTION WITH, THE INDENTURE DOCUMENTS BY ANY SECURED
PARTY.
14.6.2
THE CHARGOR HEREBY AGREES THAT ANY CLAIM OF INDEMNIFICATION
OR CONTRIBUTION THAT THE CHARGOR MAY HAVE WITH RESPECT TO A THIRD PARTY SHALL
NOT DECREASE THE CHARGOR'S OBLIGATIONS TO THE SECURED PARTIES.
14.7
ADDITIONAL SECURITY
The Charges are in addition to and are not in any way prejudiced by