No liability as mortgagee in possession. Neither the Security Trustee nor its nominee nor any Receiver shall by reason of entering into possession of the Charged Assets or any of them be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might otherwise be liable. Every Receiver duly appointed by the Security Trustee under the powers set forth herein shall be deemed to be the agent of the Chargor for all purposes and shall as such agent for all purposes be deemed to be in the same position as a Receiver duly appointed by a mortgagee under the Law of Property Xxx 0000. The Chargor alone shall be responsible for each Receiver’s contracts, engagements, acts, omissions, defaults and losses and for all liabilities incurred by him and neither the Security Trustee nor the Receiver shall incur any liability therefor (either to the Chargor or to any other person whatsoever) or for any other reason whatsoever other than for their gross negligence or wilful default.
Appears in 3 contracts
Samples: Debenture (Constar International Inc), Debenture (Constar International Inc), Debenture (Constar International Inc)
No liability as mortgagee in possession. Neither the Security Trustee Administrative Agent nor its nominee nor any Receiver shall by reason of entering into possession of the Charged Security Assets or any of them be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might otherwise be liable. Every Receiver duly appointed by the Security Trustee Administrative Agent under the powers set forth herein shall be deemed to be the agent of the Chargor for all purposes and shall as such agent for all purposes be deemed to be in the same position as a Receiver duly appointed by a mortgagee under the Law of Property Xxx 0000. The Chargor alone shall be responsible for each Receiver’s its contracts, engagements, acts, omissions, defaults and losses and for all liabilities incurred by him it and neither the Security Trustee Administrative Agent nor the any Receiver shall incur any liability therefor (either to the Chargor or to any other person whatsoever) or for any other reason whatsoever other than for their gross negligence or wilful default.
Appears in 3 contracts
Samples: Share Mortgage (Constar International Inc), Share Mortgage (Constar International Inc), Share Mortgage (Constar International Inc)
No liability as mortgagee in possession. Neither the Security Trustee Chargee nor its nominee nor any Receiver shall by reason of entering into possession of the Charged Security Assets or any of them be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might otherwise be liableliable other than for their own gross negligence or wilful misconduct. Every Receiver duly appointed by the Security Trustee Chargee under the powers set forth herein shall be deemed to be the agent of the Chargor for all purposes and shall as such agent for all purposes be deemed to be in the same position as a Receiver duly appointed by a mortgagee under the Law of Property Xxx 0000. The Chargor alone shall be responsible for each Receiver’s its contracts, engagements, acts, omissions, defaults and losses and for all liabilities incurred by him it and neither the Security Trustee Chargee nor the Receiver shall incur any liability therefor (either to the Chargor or to any other person whatsoever) or for any other reason whatsoever other than for their gross negligence or wilful defaultmisconduct.
Appears in 2 contracts
Samples: Shareholders Agreement, Shareholders Agreement (Central European Distribution Corp)
No liability as mortgagee in possession. Neither the Security Trustee The Administrative Agent shall not nor its nominee nor shall any Receiver shall appointed as aforesaid by reason of it or the Receiver entering into possession of the Charged Security Assets or any of them part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might otherwise be liable. Every Receiver duly appointed by the Security Trustee Administrative Agent under the powers set forth in that behalf herein contained shall be deemed to be the agent of the Chargor for all purposes and shall as such agent for all purposes be deemed to be in the same position as a Receiver duly appointed by a mortgagee under the Law of Property Xxx Act 0000. The Xxe Chargor alone shall be responsible for each Receiver’s his contracts, engagements, acts, omissions, defaults and losses and for all liabilities incurred by him and neither the Security Trustee Administrative Agent nor the Receiver any Secured Party shall incur any liability therefor (either to the Chargor or to any other person whatsoever) by reason of the Administrative Agent's making his appointment as such Receiver or for any other reason whatsoever other than for their gross negligence or wilful default.whatsoever. Every such Receiver and the Administrative Agent shall be entitled to all the rights, powers, privileges and immunities
Appears in 1 contract