Common use of No liability as mortgagee in possession Clause in Contracts

No liability as mortgagee in possession. The Indenture Trustee shall not nor shall any Receiver appointed as aforesaid by reason of the Indenture Trustee or the Receiver entering into possession of any Security Asset be liable to account as mortgagee in possession or be liable for any loss or realization or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Indenture Trustee shall be deemed to be the agent of the Owner for all purposes and shall as such agent be deemed to be in the same position as a Receiver duly appointed by a mortgagee under statute. The Owner alone shall be responsible for its agreements, obligations, acts, omissions, defaults and losses and the Indenture Trustee shall not incur any responsibility therefor (either to the Owner or to any other Person whatsoever) by reason of appointing such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee shall be entitled to all the rights, privileges and immunities by statute conferred on mortgagees and receivers when such receivers have been duly appointed.

Appears in 3 contracts

Sources: Debenture Agreement (Golden State Petro Iom I B PLC), Debenture Agreement (Golden State Petro Iom I B PLC), Indenture (Golden State Petro Iom I B PLC)

No liability as mortgagee in possession. The Indenture Neither the Security Trustee shall not nor shall its nominee nor any Receiver appointed as aforesaid shall by reason of the Indenture Trustee or the Receiver entering into possession of the Charged Assets or any Security Asset of them be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might otherwise be liable. Every Receiver duly appointed by the Indenture Security Trustee under the powers set forth herein shall be deemed to be the agent of the Owner 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 statutethe Law of Property ▇▇▇ ▇▇▇▇. The Owner Chargor alone shall be responsible for its agreementseach Receiver’s contracts, obligationsengagements, acts, omissions, defaults and losses and for all liabilities incurred by him and neither the Indenture Security Trustee nor the Receiver shall not incur any responsibility liability therefor (either to the Owner Chargor or to any other Person person whatsoever) by reason of appointing such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee shall be entitled to all the rights, privileges and immunities by statute conferred on mortgagees and receivers when such receivers have been duly appointedwhatsoever other than for their gross negligence or wilful default.

Appears in 3 contracts

Sources: Debenture (Constar International Inc), Debenture (Constar International Inc), Debenture (Constar International Inc)

No liability as mortgagee in possession. The Indenture Trustee shall not Neither the Administrative Agent nor shall its nominee nor any Receiver appointed as aforesaid shall by reason of the Indenture Trustee or the Receiver entering into possession of the Security Assets or any Security Asset of them be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Indenture Trustee Administrative Agent under the powers set forth herein shall be deemed to be the agent of the Owner 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 statutethe Law of Property ▇▇▇ ▇▇▇▇. The Owner Chargor alone shall be responsible for its agreementscontracts, obligationsengagements, acts, omissions, defaults and losses and for liabilities incurred by it and neither the Indenture Trustee Administrative Agent nor any Receiver shall not incur any responsibility liability therefor (either to the Owner Chargor or to any other Person person whatsoever) by reason of appointing such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee shall be entitled to all the rights, privileges and immunities by statute conferred on mortgagees and receivers when such receivers have been duly appointedwhatsoever other than for their gross negligence or wilful default.

Appears in 3 contracts

Sources: Share Mortgage (Constar International Inc), Share Mortgage (Constar International Inc), Share Mortgage (Constar International Inc)

No liability as mortgagee in possession. The Indenture Trustee shall not Neither the Chargee nor shall its nominee nor any Receiver appointed as aforesaid shall by reason of the Indenture Trustee or the Receiver entering into possession of the Security Assets or any Security Asset of them be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might be liableliable other than for their own gross negligence or wilful misconduct. Every Receiver duly appointed by the Indenture Trustee Chargee under the powers set forth herein shall be deemed to be the agent of the Owner 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 statutethe Law of Property ▇▇▇ ▇▇▇▇. The Owner Chargor alone shall be responsible for its agreementscontracts, obligationsengagements, acts, omissions, defaults and losses and for all liabilities incurred by it and neither the Indenture Trustee Chargee nor the Receiver shall not incur any responsibility liability therefor (either to the Owner Chargor or to any other Person person whatsoever) by reason of appointing such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee shall be entitled to all the rights, privileges and immunities by statute conferred on mortgagees and receivers when such receivers have been duly appointedwhatsoever other than for their gross negligence or wilful misconduct.

Appears in 2 contracts

Sources: Shareholders Agreement, Shareholders Agreement (Central European Distribution Corp)

No liability as mortgagee in possession. The Indenture Trustee Administrative Agent shall not nor shall any Receiver appointed as aforesaid by reason of the Indenture Trustee it or the Receiver entering into possession of the Security Assets or any Security Asset part thereof be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Indenture Trustee Administrative Agent under the powers in that behalf herein contained shall be deemed to be the agent of the Owner 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 statutethe Law of Property Act ▇▇▇▇. The Owner ▇he Chargor alone shall be responsible for its agreementshis contracts, obligationsengagements, acts, omissions, defaults and losses and for liabilities incurred by him and neither the Indenture Trustee Administrative Agent nor any Secured Party shall not incur any responsibility liability therefor (either to the Owner Chargor or to any other Person person whatsoever) by reason of appointing the Administrative Agent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee Administrative Agent shall be entitled to all the rights, powers, privileges and immunities by statute the Law of Property Act ▇▇▇▇ ▇▇▇ conferred on mortgagees and receivers when such receivers have been duly appointedappointed under the said Act but so that Section 103 of the Law of Property Act ▇▇▇▇ ▇▇▇ll not apply.

Appears in 1 contract

Sources: Mortgage of Shares (Ero Marketing Inc)

No liability as mortgagee in possession. The Indenture Trustee Administrative Agent shall not nor shall any Receiver appointed as aforesaid by reason of the Indenture Trustee it or the Receiver entering into possession of the Security Assets or any Security Asset part thereof be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Indenture Trustee Administrative Agent under the powers in that behalf herein contained shall be deemed to be the agent of the Owner 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 statutethe Law of Property Act ▇▇▇▇. The Owner ▇▇e Chargor alone shall be responsible for its agreementshis contracts, obligationsengagements, acts, omissions, defaults and losses and for liabilities incurred by him and neither the Indenture Trustee Administrative Agent nor any Secured Party shall not incur any responsibility liability therefor (either to the Owner Chargor or to any other Person person whatsoever) by reason of appointing the Administrative Agent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee Administrative Agent shall be entitled to all the rights, powers, privileges and immunities by statute conferred on mortgagees and receivers when such receivers have been duly appointed.immunities

Appears in 1 contract

Sources: Mortgage of Shares (Ero Marketing Inc)

No liability as mortgagee in possession. The Indenture Trustee Security Agent shall not nor shall any Receiver appointed as aforesaid by reason of the Indenture Trustee it or the Receiver entering into possession of the Security Assets or any Security Asset part thereof be liable to account as mortgagee in possession or be liable for any loss or realization on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Indenture Trustee Security Agent under the powers in that behalf herein contained shall be deemed to be the agent of the Owner relevant 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 statutethe Law of Property ▇▇▇ ▇▇▇▇. The Owner relevant Chargor alone shall be responsible for its agreementshis contracts, obligationsengagements, acts, omissions, defaults and losses and for liabilities incurred by him and neither the Indenture Trustee Security Agent nor any Lender shall not incur any responsibility liability therefor (either to the Owner Company, any other Chargor or to any other Person person whatsoever) by reason of appointing the Security Agent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Indenture Trustee Security Agent shall be entitled to all the rights, powers, privileges and immunities by statute the Law of Property ▇▇▇ ▇▇▇▇ conferred on mortgagees and receivers when such receivers have been duly appointedappointed under the said Act but so that Section 103 of the Law of Property ▇▇▇ ▇▇▇▇ shall not apply.

Appears in 1 contract

Sources: Debenture (Pacificorp /Or/)