Assignment Agreement Template - Sample Page 8
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STATUS OF CLAIMS
The Assignor, as of the Effective Date, represents and undertakes to the Assignee
that:
where the Schedule indicates “proof of debt filed”, the Assignor's claim against
4.1
the Borrower on account of the Traded Portion has been duly filed in the
Insolvency Proceedings of the Borrower and the copies of the proofs of debt
provided pursuant to conditions 9.1 or 9.3 of the terms and conditions
incorporated into the Agreed Terms are true, correct and complete;
where the Schedule indicates “No proof of debt filed and no deadline expired for
4.2
the submission of claims”, no deadline has passed for the submission of claims in
respect of the Insolvency Proceedings of the Borrower and the Assignor's claim
has not yet been filed in the Insolvency Proceedings of the Borrower;
where the Schedule indicates “Claim is admitted”, the Assignor's claim against
4.3
the Borrower on account of the Traded Portion has been validly admitted in the
Insolvency Proceedings of the Borrower;
where the Schedule indicates FSCS Claim: “No proof of debt filed”, a claim for
4.4
compensation has not been filed by the Assignor with the FSCS and no prior
assignment, transfer or sub-participation of its claim is subsisting; and
where the Schedule indicates “the Assignor is not eligible to file a claim with the
4.5
FSCS”, the Assignor is not an individual or a small company that is an eligible
claimant under the FSA rules applicable to FSCS claims.
5
NOTICE
Upon execution of this Assignment a Transfer Notice substantially in the form of
Annex A shall be delivered to the Special Administrators and each Party shall
execute such notices and co operate in such delivery.
6
GOVERNING LAW AND JURISDICTION
6.1
The Assignment (including, without limitation, these Terms and Conditions) and
any non-contractual obligations arising out of or in connection with it shall be
governed by English law.
6.2
The courts of England have non-exclusive jurisdiction to settle any dispute arising
out of or in connection with the Assignment and these Terms and Conditions
(including, without limitation, any dispute relating to any non-contractual
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EUW_ACTIVE:38277121 763238.0003
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