Claims and Liabilities. 14.1 If the Issuer is in default under the Conditions and the Debenture Holders of any Tranche or the Debenture Holders' Representative suffers any losses or damage as a direct result of such default, the Debenture Holders' Representative and the relevant Debenture Holders, through the Debenture Holders' Representative, shall be entitled to claim against the Issuer for the actual damages, costs and expenses resulting from such default. 14.2 The Debenture Holders' Representative shall only be liable to the Debenture Holders for any loss or the damage incurred by it as a direct result of the wilful misconduct or gross negligence or bad faith in the performance of its obligations by the Debenture Holders' Representative or its officers, directors, employees or agents as provided in the Conditions, Applicable Law and this Agreement. 14.3 The Debenture Holders' Representative in performing its duties under the Conditions: (a) shall not have any responsibility or liability in respect of any failure or delay by the Issuer in performing its respective obligations hereunder or under the Conditions, or other agreements relating thereto and hereto; and (b) shall not have any responsibility or liability in respect of the execution, effectiveness, enforceability, sufficiency, legality, validity or genuineness of the Conditions, the agreements and documents referred to herein and therein, or of any certificate, report, document of title or other document delivered hereunder or thereunder, or any statement of the Issuer herein or therein.
Appears in 2 contracts
Sources: Debenture Holders' Representative Appointment Agreement, Debenture Holders' Representative Appointment Agreement
Claims and Liabilities. 14.1 11.1 If the Issuer Company is in default under of the Conditions and the Debenture Holders of any Tranche Bondholders or the Debenture HoldersBondholders' Representative suffers suffer any losses losses, costs, expenses or damage as a direct result of such defaulttherefrom, the Debenture HoldersBondholders' Representative and and/or the relevant Debenture Holders, through the Debenture Holders' Representative, Bondholders shall be entitled to claim against the Issuer for Company, subject to the actual damages, costs terms and expenses resulting from such defaultconditions of the Conditions.
14.2 11.2 The Debenture HoldersBondholders' Representative shall only be liable to the Debenture Holders for any loss or Bondholders in relation to the damage damages incurred by it as a direct result of the from wilful misconduct or gross negligence or bad faith in the performance of its obligations by the Debenture Holders' Representative or its officers, directors, employees or agents as provided in the Conditions, Applicable Law applicable laws and this Agreement.
14.3 11.3 The Debenture HoldersBondholders' Representative in performing its duties under the Conditions:
(a) shall not have any responsibility or liability in respect of any failure or delay by the Issuer Company in performing its respective obligations hereunder or under the Conditions, Conditions or other agreements relating thereto and hereto; and
(b) shall not have any responsibility or liability in respect of the execution, effectiveness, enforceability, sufficiency, legality, validity or genuineness of the Conditions, the agreements and documents referred to herein and therein, or of any certificate, report, document of title or other document delivered hereunder or thereunder, or any statement of the Issuer Company herein or therein, or the accuracy or completeness of any information was or is circulated by the Bondholders' Representative.
Appears in 2 contracts
Sources: Bondholders' Representative Appointment Agreement, Bondholders' Representative Appointment Agreement
Claims and Liabilities. 14.1 If the Issuer is in default under the Conditions and the Debenture Holders of any Tranche or the Debenture Holders' Representative suffers any losses or damage as a direct result of such default, the Debenture Holders' Representative and the relevant Debenture Holders, through the Debenture Holders' Representative, shall be entitled to claim against the Issuer for the actual damages, costs and expenses resulting from such default.
14.2 The Debenture Holders' Representative shall only be liable to the Debenture Holders for any loss or the damage incurred by it as a direct result of the wilful willful misconduct or gross negligence or bad faith failure to exercise due care as could be expected under the debenture holders' representative professional standard in the performance or non-performance of its obligations by the Debenture Holders' Representative or its officers, directors, employees or agents as provided in the Conditions, Applicable Law and this Agreement.
14.3 The Debenture Holders' Representative in performing its duties under the Conditions:
(a) shall not have any responsibility or liability in respect of any failure or delay by the Issuer in performing its respective obligations hereunder or under the Conditions, or other agreements relating thereto and hereto; and
(b) shall not have any responsibility or liability in respect of the execution, effectiveness, enforceability, sufficiency, legality, validity or genuineness of the Conditions, the agreements and documents referred to herein and therein, or of any certificate, report, document of title or other document delivered hereunder or thereunder, or any statement of the Issuer herein or therein.
(c) shall not have any responsibility or liability for any loss or damage arising from actions taken in accordance with the resolution of the Debenture Holders' meeting.
Appears in 2 contracts
Sources: Debenture Holders' Representative Appointment Agreement, Debenture Holders' Representative Appointment Agreement
Claims and Liabilities. 14.1 11.1 If the Issuer Company is in default under of the Conditions and the Debenture Holders of any Tranche Bondholders or the Debenture Holders' Bondholders’ Representative suffers suffer any losses losses, costs, expenses or damage as a direct result of such defaulttherefrom, the Debenture Holders' Bondholders’ Representative and and/or the relevant Debenture Holders, through the Debenture Holders' Representative, Bondholders shall be entitled to claim against the Issuer for Company, subject to the actual damages, costs terms and expenses resulting from such defaultconditions of the Conditions.
14.2 11.2 The Debenture Holders' Bondholders’ Representative shall only be liable to the Debenture Holders for any loss or Bondholders in relation to the damage damages incurred by it as a direct result of the from wilful misconduct or gross negligence or bad faith in the performance of its obligations by the Debenture Holders' Representative or its officers, directors, employees or agents as provided in the Conditions, Applicable Law applicable laws and this Agreement.
14.3 11.3 The Debenture Holders' Bondholders’ Representative in performing its duties under the Conditions:
(a) shall not have any responsibility or liability in respect of any failure or delay by the Issuer Company in performing its respective obligations hereunder or under the Conditions, Conditions or other agreements relating thereto and hereto; and
(b) shall not have any responsibility or liability in respect of the execution, effectiveness, enforceability, sufficiency, legality, validity or genuineness of the Conditions, the agreements and documents referred to herein and therein, or of any certificate, report, document of title or other document delivered hereunder or thereunder, or any statement of the Issuer Company herein or therein, or the accuracy or completeness of any information was or is circulated by the Bondholders’ Representative.
Appears in 1 contract
Claims and Liabilities. 14.1 If the Issuer is in default under the Conditions and the Debenture Holders of any Tranche or the Debenture Holders' Representative suffers any losses or damage as a direct result of such default, the Debenture Holders' Representative and the relevant Debenture Holders, through the Debenture Holders' Representative, shall be entitled to claim against the Issuer for the actual damages, costs and expenses resulting from such default.
14.2 The Debenture Holders' Representative shall only be liable to the Debenture Holders for any loss or the damage incurred by it as a direct result of the wilful willful misconduct or gross negligence or bad faith in the performance of its obligations by the Debenture Holders' Representative or its officers, directors, employees or agents as provided in the Conditions, Applicable Law and this Agreement.
14.3 The Debenture Holders' Representative in performing its duties under the Conditions:
(a) shall not have any responsibility or liability in respect of any failure or delay by the Issuer in performing its respective obligations hereunder or under the Conditions, or other agreements relating thereto and hereto; and
(b) shall not have any responsibility or liability in respect of the execution, effectiveness, enforceability, sufficiency, legality, validity or genuineness of the Conditions, the agreements and documents referred to herein and therein, or of any certificate, report, document of title or other document delivered hereunder or thereunder, or any statement of the Issuer herein or therein.
Appears in 1 contract
Sources: Debenture Holders' Representative Appointment Agreement