No Responsibility on Agents for performance of Security Parties. Neither the Agents nor the Arranger shall have any responsibility or liability to any Beneficiary: 16.9.1 on account of the failure of the Borrower and the other Security Parties to perform their respective obligations under this Agreement and the other Facility Documents to which they are respectively party; or 16.9.2 for the creditworthiness, financial or other condition or affairs of the Borrower and the other Security Parties; or 16.9.3 for the completeness or accuracy of any certificates, statements, representations or warranties in this Agreement or any of the Facility Documents or the Information Memorandum or any document delivered under this Agreement or any of the Facility Documents; or 16.9.4 for the execution, effectiveness, adequacy, genuineness, validity, enforceability or admissibility in evidence of this Agreement or any of the Facility Documents or of any certificate, report or other document executed or delivered under this Agreement or any of the Facility Documents; or 16.9.5 to ascertain whether all deeds, documents, instruments and agreements which should have been deposited with or delivered to it under or pursuant to the Facility Documents or any of them have been so deposited with or delivered to it; or 16.9.6 to investigate or make any enquiry into the title of the Borrower or any other Security Party to any of their respective property or assets; or 16.9.7 for the failure to register or file any Facility Document with the Registrar of Companies or any other public office elsewhere; or 16.9.8 for the failure to register any of the Facility Documents in accordance with the provisions of the documents of title of the Borrower or any other Security Party to any of their respective property or assets; or 16.9.9 for the failure to take or require the Borrower or any other Security Party to take any steps to render any of the Facility Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or 16.9.10 otherwise in connection with the Facilities or its negotiation or for acting (or, as the case may be, refraining from acting) in accordance with the instructions of the Majority Lenders or, where required, all of the Lenders, other than (if applicable) as a consequence of the wilful misconduct or negligence of the Agents.
Appears in 2 contracts
Samples: Project Loan Agreement, Project Loan Agreement (QGOG Constellation S.A.)
No Responsibility on Agents for performance of Security Parties. Neither the Agents nor the Arranger Agent shall have any responsibility or liability to any Bank Beneficiary:
16.9.1 on account of the failure of the Borrower and the other Security Parties to perform their respective obligations under this Agreement and the other Facility Documents to which they are respectively party; or
16.9.2 for the creditworthiness, financial or other condition or affairs of the Borrower and the other Security Parties; or
16.9.3 for the completeness or accuracy of any certificates, statements, representations or warranties in this Agreement or any of the Facility Documents or the Information Memorandum or any document delivered under this Agreement or any of the Facility Documents; or
16.9.4 for the execution, effectiveness, adequacy, genuineness, validity, enforceability or admissibility in evidence of this Agreement or any of the Facility Documents or of any certificate, report or other document executed or delivered under this Agreement or any of the Facility Documents; or
16.9.5 to ascertain whether all deeds, documents, instruments and agreements which should have been deposited with or delivered to it under or pursuant to the Facility Documents or any of them have been so deposited with or delivered to it; or
16.9.6 to investigate or make any enquiry into the title of the Borrower or any other Security Party to any of their respective property or assets; or
16.9.7 for the failure to register or file any Facility Document with the Registrar of Companies or any other public office elsewhere; or
16.9.8 for the failure to register any of the Facility Documents in accordance with the provisions of the documents of title of the Borrower or any other Security Party to any of their respective property or assets; or
16.9.9 for the failure to take or require the Borrower or any other Security Party to take any steps to render any of the Facility Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or
16.9.10 otherwise in connection with the Facilities or its negotiation or for acting (or, as the case may be, refraining from acting) in accordance with the instructions of the Majority Lenders Banks or, where required, all of the LendersBanks, other than (if applicable) as a consequence of the wilful misconduct or negligence of the Agents.
Appears in 1 contract
No Responsibility on Agents for performance of Security Parties. Neither the Agents nor the Arranger shall have any responsibility or liability to any Beneficiary:
16.9.1 on account of the failure of the Borrower and the other Security Parties to perform their respective obligations under this Agreement and the other Facility Documents to which they are respectively party; or
16.9.2 for the creditworthiness, financial or other condition or affairs of the Borrower and the other Security Parties; or
16.9.3 for the completeness or accuracy of any certificates, statements, representations or warranties in this Agreement or any of the Facility Documents or the Information Memorandum or any document delivered under this Agreement or any of the Facility Documents; or
16.9.4 for the execution, effectiveness, adequacy, genuineness, validity, enforceability or admissibility in evidence of this Agreement or any of the Facility Documents or of any certificate, report or other document executed or delivered under this Agreement or any of the Facility Documents; or
16.9.5 to ascertain whether all deeds, documents, instruments and agreements which should have been deposited with or delivered to it under or pursuant to the Facility Documents or any of them have been so deposited with or delivered to it; or
16.9.6 to investigate or make any enquiry into the title of the Borrower or any other Security Party to any of their respective property or assets; or
16.9.7 for the failure to register or file any Facility Document with the Registrar of Companies or any other public office elsewhere; or
16.9.8 for the failure to register any of the Facility Documents in accordance with the provisions of the documents of title of the Borrower or any other Security Party to any of their respective property or assets; or
16.9.9 for the failure to take or require the Borrower or any other Security Party to take any steps to render any of the Facility Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or
16.9.10 for the application of any Basel 2 Regulation to the transactions contemplated by the Transaction Documents; or
16.9.11 otherwise in connection with the Facilities Facility or its negotiation or for acting (or, as the case may be, refraining from acting) in accordance with the instructions of the Majority Lenders or, where required, all of the Lenders, other than (if applicable) as a consequence of the wilful misconduct or negligence of the Agents.
Appears in 1 contract
