Security Trustee’s Actions. Subject to the provisions of this Clause 28:
28.4.1 the Security Trustee may, in the absence of any instructions to the contrary, take such action in the exercise of any of its powers and duties under the Finance Documents which in its absolute discretion it considers to be for the protection and benefit of all the Secured Parties; and
28.4.2 at any time after receipt by the Security Trustee of notice from the Agent directing the Security Trustee to exercise all or any of its rights, remedies, powers or discretions under any of the Finance Documents, the Security Trustee may, and shall if so directed by the Agent, take any action as in its sole discretion it thinks fit to enforce the Transaction Security.
Security Trustee’s Actions. Subject to the provisions of Clause 14.4 (Security Trustee’s instructions):
(a) the Security Trustee may, in the absence of any instructions to the contrary, take such action in the exercise of any of its powers and duties under the Finance Documents which in its absolute discretion it considers to be for the protection and benefit of all the Secured Parties; and
(b) at any time after receipt by the Security Trustee of notice from the Instructing Group directing the Security Trustee to exercise all or any of its rights, remedies, powers or discretions under any of the Finance Documents, the Security Trustee may, and shall if so directed by the Instructing Group, take any action as in its sole discretion it thinks fit to enforce the Transaction Security.
Security Trustee’s Actions. Without prejudice to the provisions of Clause 26.4 (Application of receipts), the Security Trustee may (but shall not be obliged to), in the absence of any instructions to the contrary, take such action in the exercise of any of its powers and duties under the Finance Documents as it considers in its discretion to be appropriate.
Security Trustee’s Actions. Without prejudice to the provisions of Clause 13 (Enforcement of Transaction Security) and Clause 17.9 (Instructions to Security Trustee and exercise of discretion), the Security Trustee may (but shall not be obliged to), in the absence of any instructions to the contrary, act (or refrain from acting) in the exercise of any of its powers and duties under the Debt Documents as it considers in its discretion to be appropriate.
Security Trustee’s Actions. Without prejudice to the provisions of Section 9.3, the Security Trustee may (but shall not be obliged to), in the absence of any instructions to the contrary, take such action in the exercise of any of its powers and duties under the Initial Onshore Share Pledge as it considers in its discretion to be appropriate.
Security Trustee’s Actions. Without prejudice to the provisions of Clause 12 (Enforcement of Transaction Security) and Clause 16.9 (
Security Trustee’s Actions. The Security Trustee:
(a) shall, except as otherwise provided, act in accordance with any instructions given to it by the Agent and shall be entitled to assume that any instructions received by it from the Agent are (a) duly given by or on behalf of the Majority Lenders or, as the case may be, the Lenders in accordance with the terms of the Finance Documents and all applicable conditions have been satisfied and (b) have not been revoked unless it has received actual notice of revocation;
(b) shall be entitled to request instructions, or clarification of any direction, from the Agent as to whether, and in what manner, it should exercise or refrain from exercising any rights, powers and discretions and the Security Trustee may refrain from acting unless and until those instructions or clarification are received by it;
(c) may, in the absence of any instructions to the contrary, take such action in the exercise of any of its duties under the Finance Documents which in its absolute discretion it considers to be material for the protection and benefit of all of the Finance Parties;
(d) may, and shall if so directed by the Agent, at any time after receipt by the Security Trustee of notice from the Agent directing the Security Trustee to exercise all or any of its rights, remedies, powers or discretions take such action as in its sole discretion it thinks fit to enforce the Security;
(e) shall be entitled to carry out all dealings with the Lenders through the Agent and to rely on a certificate from the Agent as to the amount owed to any of the Finance Parties or by any Obligor;
(f) may place (at the cost of the Obligors such costs to be reasonably and properly incurred) any of the Finance Documents and any other documents relating to the Security in any safe custody selected by the Security Trustee or with any financial institution, any company whose business includes the safe custody of documents or any firm of lawyers of good repute and the Security Trustee shall not be responsible for, or required to insure against, any loss incurred in connection with that deposit;
(g) may accept without enquiry, and shall not be obliged to investigate, such right and title as each of the Obligors may have to any of the Charged Property and shall not be liable for or bound to require any Obligor to remedy any defect in its right or title;
(h) may refrain from doing anything which in its opinion will or may be contrary to any relevant law, directive or regulation of any jurisd...
Security Trustee’s Actions. Subject to the provisions of this Clause 30:
Security Trustee’s Actions. 8.2.1 Notwithstanding any contrary provision herein, the Security Trustee may assume that any statement by the Company, the New Bonding Facility Agent or the relevant Note Trustee that any conditions for the making of any payment out of any Escrow Account which are specified in any of the Relevant Documents have been satisfied is correct, unless it has actual notice to the contrary.
8.2.2 Save as provided in this Deed, the Security Trustee shall not:
(a) be bound to disclose to any other Person any information relating to any other party hereto;
(b) be under any fiduciary duty towards any other party hereto or under any obligations other than those for which express provision is made in this Deed;
(c) have any responsibility to ensure that the information set out in any instructions received by it hereunder is correct or to check or enquire as to, or otherwise be affected by, whether any condition has been or will be met or fulfilled or any instruction is properly given on behalf of the person from whom it purports to be given; or
(d) have any responsibility to any party if any instruction which should be given to the Security Trustee by any party under or in connection with this Deed is for any reason not received by the Security Trustee or is not made at the time it should be made.
Security Trustee’s Actions. (a) Without prejudice to the provisions of clause 10 (Enforcement of Transaction Security) and clause 13.3, the Security Trustee may (but shall not be obliged to), in the absence of any instructions to the contrary, take such action in the exercise of any of its powers and duties under the Debt Documents as it considers in its discretion to be appropriate.
(b) Notwithstanding anything contained in this Deed, the Security Trustee is entitled at all times to act without having been instructed in relation to matters for the purpose of enabling the Security Trustee to protect its own position and interests in its personal capacity (including its own personal financial interest) or which the Security Trustee determines to be necessary or appropriate to exercise for the protection of its position and interests in its personal capacity.
