Common use of No Further Enquires Required Clause in Contracts

No Further Enquires Required. No Person dealing with the Mortgagee, or any Receiver appointed by the Mortgagee, or with its or his attorneys or agents, shall be concerned to enquire whether any Event of Default has occurred or is continuing to authorize the Receiver or the Mortgagee to act, or whether the right of the Mortgagee, or any Receiver appointed by it to exercise any of the powers hereby conferred has arisen or become exercisable or not, or be concerned with notice to the contrary, or whether the security hereby constituted has become enforceable, or whether the power exercised, or purported to be exercised, has become exercisable, or whether any money remains due upon the security of this Deed, or as to the necessity or expediency of the stipulations and conditions subject to which any sale shall be made, or otherwise as to the propriety or regularity of any sale, calling-in, collection or conversion or power exercised, or to see to the application of any money paid to the Mortgagee, or to any Receiver, or its or his attorneys or managers or agents, and, except to the extent of fraud or bad faith or wilful misconduct of such Person as established by the Person challenging the power so exercised, such dealing shall be deemed, so far as regards the safety and protection of such Person, to be within the powers hereby conferred, and to be valid and effectual accordingly; and the remedy of the Mortgagor in respect of any irregularity or impropriety whatsoever in the exercise of such powers shall be in damages only.

Appears in 2 contracts

Samples: Share Mortgage Agreement, Share Mortgage Agreement (Cgen Digital Media Co LTD)

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No Further Enquires Required. No Person dealing with the MortgageeChargee, or any Receiver appointed by the MortgageeChargee, or with its or his attorneys or agents, shall be concerned to enquire whether any Event of Default has occurred or is continuing to authorize the Receiver or the Mortgagee Chargee to act, or whether the right of the MortgageeChargee, or any Receiver appointed by it to exercise any of the powers hereby conferred has arisen or become exercisable or not, or be concerned with notice to the contrary, or whether the security hereby constituted has become enforceable, or whether the power exercised, or purported to be exercised, has become exercisable, or whether any money remains due upon the security of this Deed, or as to the necessity or expediency of the stipulations and conditions subject to which any sale shall be made, or otherwise as to the propriety or regularity of any sale, calling-in, collection or conversion or power exercised, or to see to the application of any money paid to the MortgageeChargee, or to any Receiver, or its or his attorneys or managers or agents, and, except to in the extent absence of fraud or gross negligence or bad faith or wilful misconduct on the part of such Person as established by the Person challenging the power so exercisedPerson, such dealing shall be deemed, so far as regards the safety and protection of such Person, to be within the powers hereby conferred, and to be valid and effectual accordingly; and the remedy of the Mortgagor Chargor in respect of any irregularity or impropriety whatsoever in the exercise of such powers shall be in damages only.

Appears in 2 contracts

Samples: Holdco) (Cgen Digital Media Co LTD), Cgen Digital Media Co LTD

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