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Joined 25 June 2012
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“(iii) thirdly, pari passu, in payment of:
(A) any amounts owing to the Futures Broker under the terms of the Brokerage Agreement and relating to this Series;
(B) any amounts owing to the Custodian for reimbursement in respect of payments properly made by it in accordance with the terms of the Agency Agreement relating to sums receivable on or in respect of the relevant Mortgaged Property;
(C) any amounts owing to the EUA Custodian for reimbursement in respect of
(I) payments properly made by it in accordance with the terms of the EUA Custody Agreement relating to sums receivable on or in respect of the relevant Mortgaged Property, and/or
(II) costs or expenses incurred by the EUA Custodian in the circumstances described in clause 8 (Fees and Expenses) of the EUA Custody Agreement;
(D) any amounts owing to the Issuing and Paying Agent for reimbursement in respect of payments properly made by it in accordance with the terms of the Agency Agreement to any person in discharge of a Secured Payment Obligation;
(E) any amounts owing to the Settlement Agent in accordance with the terms of the Agency Agreement; and
(F) any fees, costs, charges, expenses and liabilities then due and payable to the Agents and the Corporate Service Provider under the Agency Agreement and the Corporate Services Agreement, respectively (except for the payment or satisfaction of the Disposal Agent Fees (if any), Calculation Agent Fees (if any) and/or Collateral Manager Fees (if any)) and any other regulatory, administrative or operational expenses, pecuniary sanctions, claims or charges due and owing by the Issuer including to its auditors or legal advisors or to any regulatory authority, exchange or any bank or trading account providers or brokers (including, if applicable, any anticipated winding-up costs of the Issuer);”.


“(i) Statement. On or as soon as reasonably practicable following the occurrence of an Early Termination Date, each party will make the calculations on its part, if any, contemplated by Section 6(e) and will provide to the other party a statement
(1) showing, in reasonable detail, such calculations (including any quotations, market data or information from internal sources used in making such calculations),
(2) specifying (except where there are two Affected Parties) any Early Termination Amount payable and
(3) giving details of the relevant account to which any amount payable to it is to be paid.
In the absence of written confirmation from the source of a quotation or market data obtained in determining a Close-out Amount, the records of the party obtaining such quotation or market data will be conclusive evidence of the existence and accuracy of such quotation or market data.”.
 


<nowiki>==PART I: PRELIMINARY==
<nowiki>==PART I: PRELIMINARY==