Common use of Exclusion of Security Trustee’s liability Clause in Contracts

Exclusion of Security Trustee’s liability. The Security Trustee shall not accept responsibility or be liable for: 29.9.1 the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Security Trustee or any other person in or in connection with any Finance Document or the transactions contemplated in the Finance Documents, or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; 29.9.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Transaction Security; 29.9.3 any losses to any person or any liability arising as a result of taking or refraining from taking any action in relation to any of the Finance Documents or the Transaction Security or otherwise, whether in accordance with an instruction from the Agent or otherwise unless directly caused by it gross negligence or wilful misconduct; 29.9.4 the exercise of, or the failure to exercise, any judgment, discretion or power given to it by or in connection with any of the Finance Documents, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with the Finance Documents or the Transaction Security; or 29.9.5 any shortfall which arises on the enforcement of the Transaction Security.

Appears in 2 contracts

Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)

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Exclusion of Security Trustee’s liability. The Security Trustee shall not accept responsibility or be liable for: 29.9.1 (a) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Security Trustee or any other person in or in connection with any Finance Document or the Information Memorandum or the transactions contemplated in the Finance Documents, or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document;. 29.9.2 (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Transaction Security; 29.9.3 (c) any losses to any person or any liability arising as a result of taking or refraining from taking any action in relation to any of the Finance Documents or the Transaction Security or otherwise, whether in accordance with an instruction from the Agent or otherwise otherwise, unless directly caused by it its gross negligence or wilful misconduct; 29.9.4 (d) the exercise of, or the failure to exercise, any judgmentjudgement, discretion or power given to it by or in connection with any of the Finance Documents, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with the Finance Documents or the Transaction Security; or 29.9.5 (e) any shortfall which arises on the enforcement of the Transaction Security.

Appears in 2 contracts

Samples: Secured Facilities Agreement (Solutia Inc), Secured Facilities Agreement (Solutia Inc)

Exclusion of Security Trustee’s liability. The Security Trustee shall not accept responsibility or be liable for: 29.9.1 30.9.1 the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Security Trustee or any other person in or in connection with any Finance Document or the transactions contemplated in the Finance Documents, or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; 29.9.2 30.9.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Transaction Security; 29.9.3 30.9.3 any losses to any person or any liability arising as a result of taking or refraining from taking any action in relation to any of the Finance Documents or the Transaction Security or otherwise, whether in accordance with an instruction from the Agent or otherwise unless directly caused by it gross negligence or wilful misconduct; 29.9.4 30.9.4 the exercise of, or the failure to exercise, any judgment, discretion or power given to it by or in connection with any of the Finance Documents, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with the Finance Documents or the Transaction Security; or 29.9.5 30.9.5 any shortfall which arises on the enforcement of the Transaction Security.

Appears in 1 contract

Samples: Facility Agreement (Ivanhoe Energy Inc)

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Exclusion of Security Trustee’s liability. The Security Trustee shall is not accept responsibility responsible or be liable for: 29.9.1 (a) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Security Trustee or any other person in or in connection with any Finance Document or the Information Memorandum or the transactions contemplated in the Finance Documents, or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; 29.9.2 (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Transaction Security; 29.9.3 (c) any losses to any person or any liability arising as a result of taking or refraining from taking any action in relation to any of the Finance Documents or the Transaction Security or otherwise, whether in accordance with an instruction from the Agent or otherwise otherwise, unless directly caused by it its gross negligence or wilful misconduct; 29.9.4 (d) the exercise of, or the failure to exercise, any judgmentjudgement, discretion or power given to it by or in connection with any of the Finance Documents, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of of, or in connection with with, the Finance Documents or the Transaction Security; or 29.9.5 (e) any shortfall which arises on the enforcement of the Transaction Security.

Appears in 1 contract

Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)

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