Excluded Obligations. The Trustee shall not: (a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 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: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Excluded Obligations. The Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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: Secured Facilities Agreement (Citigroup Inc), Amendment Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)
Excluded Obligations. The Security Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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 2 contracts
Samples: Facility Agreement (Yell Finance Bv), Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc/Pa)
Excluded Obligations. The Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer the Borrower of its obligations under any of the Transaction 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 person (including 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: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Excluded Obligations. The Trustee Security Agent shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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 2 contracts
Samples: Term Facility Agreement (CGG Veritas), Single Currency Term Facility Agreement (General Geophysics Co)
Excluded Obligations. The Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Trustee shall not:
(a) 30.8.1 be bound to enquire as to the occurrence (i) whether or otherwise of not any Default has occurred or (ii) the performance, default or any breach by an any Obligor or a Buyer of its obligations under any of the Transaction Finance Documents;
(b) 30.8.2 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) 30.8.3 be bound to disclose to any other Person 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) 30.8.4 be under any obligations other than those which are specifically provided for in the Finance Documents; or
(e) 30.8.5 have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligor.
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Excluded Obligations. The Trustee Security Agent shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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.. Senior Secured Credit Facility Agreement
Appears in 1 contract
Samples: Loan Agreement (Hanarotelecom Inc)
Excluded Obligations. The Security Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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 1 contract
Excluded Obligations. The Trustee Security Agent shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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 1 contract
Samples: Facility Agreement (Central European Media Enterprises LTD)
Excluded Obligations. The Security Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including any Secured 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 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 1 contract
Samples: Facility Agreement (Cascal N.V.)
Excluded Obligations. The Trustee Security Agent shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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 1 contract
Excluded Obligations. The Security Trustee shall not:
(a) be bound to enquire as to the occurrence or otherwise of any Default or the performance, default or any breach by an Obligor or a Buyer of its obligations under any of the Transaction 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 person (including 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; oror 124
(e) have or be deemed to have any duty, obligation or responsibility to, or relationship of trust or agency with, any Obligor.
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