Examples of using Subsequent assignee in English and their translations into Russian
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Colloquial
As if the subsequent assignee were the initial assignee. .
Such representations are considered as being given not only to the immediate assignee but also to any subsequent assignee.
This Convention applies as if the subsequent assignee were the initial assignee. .
We would propose that it be discussed whether the words"assignor and assignee" in article 2(1)should be replaced by the words"assignor and subsequent assignees";
As a result, any subsequent assignee may turn against the assignor for breach of representations.
Nothing in this article affects any obligation orliability for breach of such an agreement, but the subsequent assignee is not liable for breach of that agreement.
A subsequent assignee has the rights afforded by this Convention to an assignee and is subject to the debtor's defences and rights of set-off recognized by this Convention.
It was generally felt that subsequent assignments(i.e.,assignments by the initial or any other assignee to subsequent assignees) should be covered by the draft Convention.
A receivable assigned by the assignee to a subsequent assignee is transferred notwithstanding any agreement limiting in any way the assignor's right to assign its receivables.
Representations(that may stem even from trade and usages)are considered as being given not only to the initial but also to any subsequent assignee see article 14, paragraph 1 and A/CN.9/489, para. 111.
Assignments of receivables by the initial or any other assignee to subsequent assignees(“subsequent assignments”) that are governed by this Convention under article 1, notwithstanding that any prior assignment is not governed by this Convention; and.
While support was expressed for the substance of paragraph(1), the view was expressed that its exact formulation might have to be considered in particular with a view to determining whether a reference to a subsequent assignee was necessary.
This Convention applies to subsequent assignments as if the subsequent assignee who exercises its right to assign were the initial assignor and as if the subsequent assignee to whom the assignment is made were the initial assignee. .
Article 11: It is felt that overriding contractual obligations on subsequent assignments between the parties is not satisfactory,especially when the prohibition was known by the subsequent assignee.
It was stated that subparagraph(b)could operate well if the initial receivable was international, since any subsequent assignee would be able to predict that the draft Convention would apply to subsequent assignments by virtue of the internationality of the receivable.
The view was widely shared that the result arose from draft article 25,which provided that the draft Convention applied to subsequent assignments“as if the subsequent assignee was the initial assignee”.
If representations were considered as being undertaken only as against the immediate assignee, any subsequent assignee would have recourse only against its immediate assignor, a process that would increase the risk and thus the cost of transactions involving subsequent assignments.
A receivable is transferred to the assignee notwithstanding any agreement between the assignor and the debtor, or, in the case of any subsequent assignment,between the initial or any subsequent assignor and the debtor or any subsequent assignee, limiting in any way the assignor's right to assign its receivables.
While support was expressed in favour of the principle embodied in paragraph(2) that a subsequent assignee was an assignee, the concern was expressed that singling out two types of situations in which that principle found application might inadvertently result in excluding other cases in which that principle should apply as well.
An assignment of a receivable is effective notwithstanding any agreementbetween the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the assignor's right to assign its receivables.
A receivable assigned by the initial or any subsequent assignee to a subsequent assignee is transferred notwithstanding any agreement between the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the initial or any subsequent assignor's right to assign its receivables.
This Convention applies to international assignments of receivables andto assignments of international receivables by the initial or any other assignee to subsequent assignees, even if the initial assignment is not governed by this Convention.
It was noted that, under paragraph(2), if any assignee was liable towards the debtor or any assignor under other applicable law outside the draft Convention for further assigning the receivable despite an anti-assignment clause contained in the original contract, in the assignment or in any subsequent assignment,that liability was not extended to any subsequent assignee.
To the contrary, in case the initial receivable was domestic, the application of subparagraph(b)might not produce satisfactory results, since a subsequent assignee would not be able to predict the application of the draft Convention to a domestic assignment of a domestic receivable.
Although there are many domestic recording systems for patents and certain other rights, and in some countries for copyrights as well, recording systems may not explicitly cover the assignment of rights by way of security,leaving it unclear as to how a security right is to be validly effected against subsequent assignees and competing creditors.
However, it was observed that subparagraph(b)could operate well if the initial receivable was international, since any subsequent assignee would be able to predict that the draft Convention would apply to subsequent assignments by virtue of the internationality of the receivable.
An assignment of a receivable is effective as between the assignor and the assignee and as against the debtor of the receivable notwithstanding an agreement between the initial or any subsequent assignor andthe debtor of the receivable or any subsequent assignee limiting in any way the assignor's right to assign its receivables;
However, a concern was expressed that, where the initial receivable was domestic, the application of subparagraph(b)might not produce satisfactory results, since a subsequent assignee would not be able to predict the application of the draft Convention to a domestic assignment of a domestic receivable.
If the encumbered asset is a receivable, an assignment of the receivable is effective as between the assignor and the assignee and as against the debtor of the receivable notwithstanding an agreement between the initial or any subsequent assignor andthe debtor of the receivable or any subsequent assignee limiting in any way the assignor's right to assign its receivables see A/CN.9/631, recommendation 22.
It was noted that, in paragraph(1), a reference had been added to an anti-assignment agreement between"the initial orany subsequent assignor and the debtor or any subsequent assignee" in order to ensure that an anti-assignment clause contained in the original contract or in the assignment or in a subsequent assignment did not invalidate any subsequent assignment.