Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not: (a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor of its obligations under any of the Finance Documents; (b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account; (c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty; (d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 6 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Debt Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor Debtor or a Security Grantor of its obligations under any of the Finance Debt Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; and
(d) have or be deemed to have any relationship of trust or agency with, any ObligorDebtor.
Appears in 6 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Additional Facility S Accession Deed (Liberty Global PLC), Additional Facility T Accession Deed (Liberty Global PLC)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Secured Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) be under any obligations other than those which are specifically provided for in the Finance Documents; or
(e) have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligor.
Appears in 3 contracts
Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Senior Facilities Agreement (Alliance Data Systems Corp), Multipurpose Facilities Agreement (SunOpta Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 3 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Agreement (Ocean Rig UDW Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, neither the Security Agent nor the Secondary Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by an Obligor or a Transaction Obligor Security Provider of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any ObligorObligor or Security Provider.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security and Intercreditor Agent shall not:
(aA) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(bB) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(cC) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(dD) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(aA) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(bB) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(cC) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(dD) have or be deemed to have any relationship of trust or agency with, with any Obligor.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, would or might in its reasonable opinion, opinion constitute a breach of any law or be a breach of fiduciary duty;
(d) be under any obligations other than those which are specifically provided for in the Finance Documents; or
(e) have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any ObligorObligor or any Subordinated Lender.
Appears in 3 contracts
Samples: Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Finance Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Finance Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) be under any obligations other than those which are specifically provided for in the Finance Documents; or
(e) have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligor.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information Confidential Information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Event of Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 2 contracts
Samples: Loan Agreement (Prestige Cruises International, Inc.), Loan Agreement (Seven Seas Cruises S. DE R.L.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security and Intercreditor Agent shall not:
(aA) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(bB) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(cC) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(dD) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 2 contracts
Samples: Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Debt Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor Debtor of its obligations under any of the Finance Debt Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any ObligorDebtor.
Appears in 2 contracts
Samples: Intercreditor Agreement (Internet Gold Golden Lines LTD), Intercreditor Agreement (B Communications LTD)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) 29.8.1 be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor the Borrower of its obligations under any of the Finance Documents;
(b) 29.8.2 be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) 29.8.3 be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) 29.8.4 be under any obligations other than those which are specifically provided for in the Finance Documents; or
29.8.5 have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligorthe Borrower.
Appears in 2 contracts
Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or occurred, (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance DocumentsDocuments or (iii) whether any other event specified in any Finance Document has occurred;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any ObligorObligor or any subordinated debtor or creditor.
Appears in 2 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor the Borrower of its obligations under any of the Finance Documents;
(b) be bound to account to any other Secured Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) be under any obligations other than those which are specifically provided for in the Finance Documents; or
(e) have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligorthe Borrower.
Appears in 2 contracts
Samples: Bridge Facility Agreement (Visteon Corp), Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Finance Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Proceeds Agent shall not:
(aA) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(bB) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(cC) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(dD) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 1 contract
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Debt Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Event of Default has occurred or (ii) the performance, default or any breach by a Debtor or any other grantor of Transaction Obligor Security of its obligations under any of the Finance Debt Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any ObligorDebtor or any other grantor of Transaction Security or any Subordinated Creditor.
Appears in 1 contract
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Guaranteed Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction any Group Obligor of its obligations under any of the Finance Guaranteed Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, with any Group Obligor.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(aA) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(bB) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(cC) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(dD) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 1 contract
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor party to a Finance Document (other than a Finance Party) of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any Obligorparty to a Finance Document (other than a Finance Party).
Appears in 1 contract
Samples: Loan Note Agreement (Weather Investments II S.a.r.l.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (iiH) the performance, default or any breach by a Transaction Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Transaction Obligor.
Appears in 1 contract
Samples: Term Loan Facility (DryShips Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Finance Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, with any Obligor.
Appears in 1 contract
Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Debt Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default or Event of Default has occurred occurred; or (ii) the performance, default or any breach by a Transaction Obligor Debtor of its obligations under any of the Finance Debt Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person Person (including but not limited to any Secured Party) (i) any confidential information information; or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any applicable law or be a breach of contractual obligation or fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, with any ObligorDebtor.
Appears in 1 contract
Samples: Intercreditor Agreement (Home Inns & Hotels Management Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent Trustee shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 1 contract
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or occurred, (ii) the performance, default or any breach by a Transaction an Obligor of its obligations under any of the Finance DocumentsDocuments or (iii) whether any other event specified in any Finance Document has occurred;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 1 contract
Samples: Facility Agreement (PCGI Intermediate Holdings LTD)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction the Parent or an Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, the Parent or any Obligor.
Appears in 1 contract
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, neither the Security Agent nor the Secondary Security Agent shall not:
(a) be bound to enquire as to to: (i) whether or not any Default has occurred occurred; or (ii) the performance, default or any breach by an Obligor or a Transaction Obligor Security Provider of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) ): (i) any confidential information information; or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;; or
(d) have or be deemed to have any relationship of trust or agency with, any ObligorObligor or Security Provider.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not::
(a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor of its obligations under any of the Finance Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust or agency with, any Obligor.
Appears in 1 contract
Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)
Excluded Obligations. 4.5.1 Notwithstanding anything to the contrary expressed express or implied in the Finance Documentsthis Agreement, the Security Agent Trustee shall not:
(a) be bound to enquire as to (ia) whether or not any Event of Default has occurred or (iib) the performance, default or any breach by a Transaction Obligor any of its the obligations of the Issuer or Sponsor under any of the Finance Debenture Documents;
(b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) be bound to disclose to any other person (including but not limited to any Secured Finance Party) )
(ia) any confidential information or (iib) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law Applicable Law or be a breach of any obligation owed under any Debenture Document of or any of its fiduciary duty;duties; or
(d) have or be deemed to have any relationship of trust or agency with, any Obligorwith the Issuer.
Appears in 1 contract
Samples: Inter Creditor Agreement
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance DocumentsDebt Documents or this Deed, the Security Common Paying Agent shall not:
(a) : be bound to enquire as to (i) whether or not any Event of Default (other than in respect of payment obligations) has occurred or (ii) the performance, default or any breach by a Transaction Obligor the Beneficiary Member State of its obligations under any of the Finance Debt Documents;
(b) ; be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
(c) ; be bound to make advances or otherwise provide credit to any Party; be bound to disclose to any other person (including but not limited to any Secured PartyCreditor) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty;
(d) ; or have or be deemed to have any relationship of trust or agency with, any Obligorwith the Beneficiary Member State.
Appears in 1 contract
Samples: Co Financing Agreement
Excluded Obligations. Notwithstanding anything to the contrary expressed or implied in the Finance Debt Documents, the Security Agent shall not:
not (a) be bound to enquire as to to
(i) whether or not any Event of Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor Debtor of its obligations under any of the Finance Debt Documents;
; (b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account;
; (c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law law; or be a breach of fiduciary duty;
(d) have or be deemed to have any relationship of trust trust, agency or agency fiduciary with, any ObligorDebtor.
Appears in 1 contract
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)