Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond Trustee will not be responsible for the genuineness, validity, suitability or effectiveness of any of the Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement or any of the Transaction Documents, nor will it be responsible or liable to any Person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Trustee will not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for: (a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwise; (b) the title, ownership, value, sufficiency, enforceability or existence of any Charged Property or any security (howsoever described) relating thereto; (c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement or any other Transaction Document comprised within the Charged Property or any other document entered into in connection therewith; (d) the registration, filing, protection or perfection of any security relating to this Agreement or the other Transaction Documents relating to the Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities; (e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor or any other Person or entity who has at any time provided any Transaction Document comprised within the Charged Property or in any document entered into in connection therewith; (f) the performance or observance by the Guarantor or any other Person with any provisions of this Agreement or any other Transaction Document comprised within the Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing; (g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Charged Property; (h) the title of the Guarantor to any of the Charged Property; (i) the failure to effect or procure registration of or to give notice to any Person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement or other documents entered into in connection herewith; (j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of this Agreement or any other document; or (k) any other matter or thing relating to or in any way connected with this Agreement or the Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 2 contracts
Samples: Security Agreement (Scotiabank Covered Bond Guarantor Limited Partnership), Security Agreement (Bank of Nova Scotia /)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Sixth Issuer Security Trustee will shall not be responsible for the genuineness, validity, suitability validity or effectiveness of any of the Sixth Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Sixth Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Sixth Issuer Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseSixth Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency evidence or enforceability of this Agreement Deed or any other Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or any other document entered into in connection therewith;
(dc) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Sixth Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(ed) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Sixth Issuer or any other Person person or entity who has at any time provided any Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or in any document entered into in connection therewith;
(fe) the performance or observance by the Guarantor Sixth Issuer or any other Person person with any provisions of this Agreement Deed or any other Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(gf) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Sixth Issuer Charged Property;
(g) the title of the Sixth Issuer to any of the Sixth Issuer Charged Property;
(h) the title of the Guarantor to any of the Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(ji) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(kj) any other matter or thing relating to or in any way connected with this Agreement Deed or the Sixth Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Samples: Sixth Issuer Deed of Charge (Holmes Financing No 6 PLC)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Second Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Second Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Second Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Second Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Second Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Second Issuer Transaction Document comprised within the Second Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Second Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Second Issuer or any other Person person or entity who has at any time provided any Second Issuer Transaction Document comprised within the Second Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Second Issuer or any other Person person with any provisions of this Agreement Deed or any other Second Issuer Transaction Document comprised within the Second Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Second Issuer Charged Property;
(h) the title of the Guarantor Second Issuer to any of the Second Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Second Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Samples: Second Issuer Deed of Charge (Permanent Mortgages Trustee LTD)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Fourth Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Fourth Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Fourth Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Fourth Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Fourth Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Fourth Issuer Transaction Document comprised within the Fourth Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Fourth Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Fourth Issuer or any other Person person or entity who has at any time provided any Fourth Issuer Transaction Document comprised within the Fourth Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Fourth Issuer or any other Person person with any provisions of this Agreement Deed or any other Fourth Issuer Transaction Document comprised within the Fourth Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Fourth Issuer Charged Property;
(h) the title of the Guarantor Fourth Issuer to any of the Fourth Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Fourth Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Sixth Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Sixth Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Sixth Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Sixth Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Sixth Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Sixth Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Sixth Issuer or any other Person person or entity who has at any time provided any Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Sixth Issuer or any other Person person with any provisions of this Agreement Deed or any other Sixth Issuer Transaction Document comprised within the Sixth Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Sixth Issuer Charged Property;
(h) the title of the Guarantor Sixth Issuer to any of the Sixth Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Sixth Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability validity or effectiveness of any of the Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the other Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseFunding;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency evidence or enforceability of this Agreement Deed or any other Transaction Document comprised within relating to the Funding Charged Property or any other document entered into in connection therewith;
(dc) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Funding Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(ed) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Funding or any other Person person or entity who has at any time provided in any Transaction Document comprised within relating to the Funding Charged Property or in any document entered into in connection therewith;
(fe) the performance or observance by the Guarantor Funding or any other Person person with any provisions of this Agreement Deed or any other Transaction Document comprised within relating to the Funding Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(gf) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Funding Charged Property;
(g) the title of Funding to any of the Funding Charged Property;
(h) the title of the Guarantor to any of the Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(ji) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document;
(j) the failure to prevent, whether by act or omission, a fixed charge granted under this Deed from becoming a floating charge; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Funding Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Samples: Fund (Holmes Financing No 6 PLC)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Third Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Third Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Third Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Third Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Third Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Third Issuer Transaction Document comprised within the Third Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Third Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Third Issuer or any other Person person or entity who has at any time provided any Third Issuer Transaction Document comprised within the Third Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Third Issuer or any other Person person with any provisions of this Agreement Deed or any other Third Issuer Transaction Document comprised within the Third Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Third Issuer Charged Property;
(h) the title of the Guarantor Third Issuer to any of the Third Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Third Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Seventh Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Seventh Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Seventh Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Seventh Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Seventh Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Seventh Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Seventh Issuer or any other Person person or entity who has at any time provided any Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Seventh Issuer or any other Person person with any provisions of this Agreement Deed or any other Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Seventh Issuer Charged Property;
(h) the title of the Guarantor Seventh Issuer to any of the Seventh Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Seventh Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Samples: Seventh Issuer Deed of Charge (Permanent Mortgages Trustee LTD)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Ninth Issuer Security Trustee will shall not be responsible for the genuineness, validity, suitability validity or effectiveness of any of the Ninth Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Ninth Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Ninth Issuer Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseNinth Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency evidence or enforceability of this Agreement Deed or any other Ninth Issuer Transaction Document comprised within the Ninth Issuer Charged Property or any other document entered into in connection therewith;
(dc) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Ninth Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(ed) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Ninth Issuer or any other Person person or entity who has at any time provided any Ninth Issuer Transaction Document comprised within the Ninth Issuer Charged Property or in any document entered into in connection therewith;
(fe) the performance or observance by the Guarantor Ninth Issuer or any other Person person with any provisions of this Agreement Deed or any other Ninth Issuer Transaction Document comprised within the Ninth Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(gf) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Ninth Issuer Charged Property;
(g) the title of the Ninth Issuer to any of the Ninth Issuer Charged Property;
(h) the title of the Guarantor to any of the Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(ji) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(kj) any other matter or thing relating to or in any way connected with this Agreement Deed or the Ninth Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
Appears in 1 contract
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability or effectiveness of any of the Fifth Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Fifth Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor Fifth Issuer or Funding 1 or any other Person person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseotherwise in respect of any advance made to the Fifth Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Fifth Issuer Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency or enforceability of this Agreement Deed or any other Fifth Issuer Transaction Document comprised within the Fifth Issuer Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Fifth Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Fifth Issuer or any other Person person or entity who has at any time provided any Fifth Issuer Transaction Document comprised within the Fifth Issuer Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Fifth Issuer or any other Person person with any provisions of this Agreement Deed or any other Fifth Issuer Transaction Document comprised within the Fifth Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Fifth Issuer Charged Property;
(h) the title of the Guarantor Fifth Issuer to any of the Fifth Issuer Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
(k) any other matter or thing relating to or in any way connected with this Agreement Deed or the Fifth Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
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Samples: Fifth Issuer Deed of Charge (Permanent Financing (No. 5) PLC)
Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Seventh Issuer Security Trustee will shall not be responsible for the genuineness, validity, suitability validity or effectiveness of any of the Seventh Issuer Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the Seventh Issuer Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Seventh Issuer Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwiseSeventh Issuer;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Charged Property or any security (howsoever described) relating thereto;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency evidence or enforceability of this Agreement Deed or any other Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or any other document entered into in connection therewith;
(dc) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Seventh Issuer Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(ed) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Seventh Issuer or any other Person person or entity who has at any time provided any Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or in any document entered into in connection therewith;
(fe) the performance or observance by the Guarantor Seventh Issuer or any other Person person with any provisions of this Agreement Deed or any other Seventh Issuer Transaction Document comprised within the Seventh Issuer Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(gf) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Seventh Issuer Charged Property;
(g) the title of the Seventh Issuer to any of the Seventh Issuer Charged Property;
(h) the title of the Guarantor to any of the Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(ji) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document; or
or (kj) any other matter or thing relating to or in any way connected with this Agreement Deed or the Seventh Issuer Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
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Enforceability, etc. Without prejudice to the generality of the foregoing, the Bond The Security Trustee will shall not be responsible for the genuineness, validity, suitability validity or effectiveness or suitability of any of the Transaction Documents or any other documents entered into in connection therewith or any other document or any obligations or rights created or purported to be created thereby or pursuant thereto or any security or the priority thereof constituted or purported to be constituted by or pursuant to this Agreement Deed or any of the other Transaction Documents, nor will shall it be responsible or liable to any Person person because of any invalidity of any provision of such documents or the unenforceability thereof, whether arising from statute, law or decision of any court and (without prejudice to the generality of the foregoing) the Bond Security Trustee will shall not have any responsibility for or have any duty to make any investigation in respect of or in any way be liable whatsoever for:
(a) the nature, status, creditworthiness or solvency of the Guarantor or any other Person or entity who has at any time provided any security or support whether by guarantee, charge or otherwise;
(b) the title, ownership, value, sufficiency, enforceability or existence of any Funding 2 Charged Property or any security (howsoever described) relating thereto;
(b) the nature, status, creditworthiness or solvency of Funding 2;
(c) the execution, legality, validity, adequacy, admissibility in evidence, sufficiency evidence or enforceability of this Agreement Deed or any other Transaction Document comprised within relating to the Funding 2 Charged Property or any other document entered into in connection therewith;
(d) the registration, filing, protection or perfection of any security relating to this Agreement Deed or the other Transaction Documents relating to the Funding 2 Charged Property or the priority of the security thereby created whether in respect of any initial advance or any subsequent advance or any other sums or liabilities;
(e) the scope or accuracy of any representations, warranties or statements made by or on behalf of the Guarantor Funding 2 or any other Person person or entity who has at any time provided in any Transaction Document comprised within relating to the Funding 2 Charged Property or in any document entered into in connection therewith;
(f) the performance or observance by the Guarantor Funding 2 or any other Person person with any provisions of this Agreement Deed or any other Transaction Document comprised within relating to the Funding 2 Charged Property or in any document entered into in connection therewith or the fulfilment or satisfaction of any conditions contained therein or relating thereto or as to the existence or occurrence at any time of any default, event of default or similar event contained therein or any waiver or consent which has at any time been granted in relation to any of the foregoing;
(g) the existence, accuracy or sufficiency of any legal or other opinions, searches, reports, certificates, valuations or investigations delivered or obtained or required to be delivered or obtained at any time in connection with the Funding 2 Charged Property;
(h) the title of the Guarantor Funding 2 to any of the Funding 2 Charged Property;
(i) the failure to effect or procure registration of or to give notice to any Person person in relation to or otherwise protect the security created or purported to be created by or pursuant to this Agreement Deed or other documents entered into in connection herewith;
(j) the failure to call for delivery of documents of title to or require any transfers, assignments, assignations, legal mortgages, standard securities, charges or other further assurances in relation to any of the assets the subject matter of any of this Agreement Deed or any other document;
(k) the failure to prevent, whether by act or omission, a fixed charge granted under this Deed from becoming a floating charge; or
(kl) any other matter or thing relating to or in any way connected with this Agreement Deed or the Funding 2 Charged Property or any document entered into in connection therewith whether or not similar to the foregoing.
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