Assignment Agreement Template - Sample Page 5
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21“FSCS”
means the Financial Services Compensation Scheme;
“Guarantor”
means any person who has given a guarantee, Indemnity,
security interest or other assurance against loss to the
Assignor (or any person acting on the Assignor’s behalf)
in respect of any obligations of any Borrower to the
Assignor in relation to the Traded Portion;
“Indemnity”
means an undertaking by one person to meet a specific
potential legal liability of another. An indemnity entitles
the person indemnified to a payment if the event giving
rise to the indemnity takes place;
“Receiving
means, the account of each Party designated as its
Account”
Receiving Account as specified in the Schedule;
“Special
Richard Fleming, Richard Heis and Michael Pink of
Administrators”
KPMG LLP as special administrators of the Borrower
appointed by order of the High Court in accordance with
The Investment Bank Special Administration Regulations
2011 on 31 October 2011; and
“Transfer Notice”
means the form contained in Annex A of this
Assignment.
1.2
Construction
1.2.1
In the Assignment and these Terms and Conditions, unless the contrary
intention appears, a reference to:
(a)
a Clause or Annex is a reference to a clause of or annex to these
Terms and Conditions;
(b)
the Schedule is a reference to the schedule to the Assignment;
and
(c)
a "Party" or any other person includes it successors in title,
permitted assignees and permitted transferees.
1.2.2
The headings in these Terms and Conditions are for ease of reference
only.
1.2.3
References to any document shall be references to that document as
amended, varied, supplemented, replaced or restated in any manner
from time to time.
1.2.4
A provision of law is a reference to that provision as amended or re-
enacted.
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EUW_ACTIVE:38277121 763238.0003
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