Examples of Custody Deed in a sentence
The Custodian has no liability under the Custody Deed to any person (including Investors) for any loss suffered as a result of any act or omission of the Custodian or any other person or any loss in connection with any Transaction Document or an Investor Trust, other than to the extent to which it is entitled to and does actually obtain an indemnity from the assets of the relevant Investor Trust.
An Investor Trust terminates upon the Custodian ceasing to hold any property on the terms of that Investor Trust (other than on the appointment of a replacement custodian under the Custody Deed).
In no circumstances shall the Custodian be liable to any person (including the Investors of an Investor Trust) for consequential or indirect loss, damages or expenses arising out of or in relation to a Transaction Document, the services provided under the Custody Deed, any delay or other failure in supplying the services including without limitation, lost profits and damage suffered as a result of claims by any person.
To the extent that the Custodian is not fully indemnified, each Investor and the Secured Party jointly shall indemnify the Custodian against all liabilities, losses, costs and expenses howsoever characterised which are incurred by the Custodian in connection with the Transaction Documents, except to the extent that the Custodian has been guilty of fraud, wilful default or gross negligence in respect of the Custody Deed.
The Investor’s interest in the Charged Property under the Custody Deed is subject to the interest of the Lender under the Investor Security Deed and that the Lender’s interest ranks in priority to the Investor’s interest.
The Custody Deed is a deed poll issued by the Custodian in favour of the Issuer and each of the Investors in the Units.
The Custodian must, at all times, act in accordance with the Investor Security Deed in favour of the Lender (as “Secured Party”), subject to the Custody Deed.
The Custodian and the Secured Party may amend the terms of the Custody Deed and that amendment will not affect the terms of any subsisting Investor Trust unless the relevant Investor first consents to it or if, in the opinion of the Custodian, the amendment is to correct a manifest error or is not unfair (as defined in section 12 BG of the ASIC Act) or is made to comply with applicable law.
Each Unit issued by the Issuer will be subject to the terms of the Custody Deed and the Investor Security Deed, as varied pursuant to its terms.
This limitation of liability does not apply to an obligation or liability of the Custodian to the extent that the Custodian is not entitled to an indemnity out of the assets of an Investor Trust because the Custodian has been guilty of fraud, wilful default or gross negligence in respect of the Custody Deed.