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

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries shall not nor shall any Receiver appointed as aforesaid by reason of the Security Trustee, the Beneficiaries or Receiver entering into possession of the Security Assets or any part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Security Trustee under the powers in that behalf herein contained shall be deemed to be the agent of the 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 the Law of Property ▇▇▇ ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security Trustee. The Chargor alone shall be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities incurred by him and neither the Security Trustee nor the Beneficiaries shall incur any Liability therefor (either to the Chargor or to any other person whatsoever) by reason of the Security Trustee's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Security Trustee and the Beneficiaries shall be entitled to all the rights, powers, privileges and immunities by the said Act conferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section 103 of that Act shall not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries shall not 14.1 No mortgagee in possession Neither NatWest nor shall any Receiver appointed as aforesaid shall, by reason of the Security Trustee, the Beneficiaries or Receiver either entering into possession of the Security Assets or any part thereof Assets, be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed liable except to the extent caused by the Security Trustee under the powers in that behalf herein contained gross negligence or wilful misconduct of NatWest or any Receiver. 14.2 Receiver as agent Each Receiver shall be deemed to be the agent of the Chargor SAVVIS UK and Guarantor for all purposes and shall as such agent for all purposes be deemed to be in the same position as a Receiver receiver duly appointed by a mortgagee under the Law of Property ▇▇▇ ▇▇▇▇Act or under any similar or analogous legislation relevant to either SAVVIS UK or Guarantor in any jurisdiction. If a liquidator of the Chargor is appointed, the Receiver will act SAVVIS UK or Guarantor (as principal and not as agent of the Security Trustee. The Chargor applicable) alone shall be responsible for his the Receiver’s contracts, engagements, acts, omissions, defaults and for losses and for Liabilities liabilities incurred by him and neither the Security Trustee nor the Beneficiaries NatWest shall not incur any Liability liability therefor (to either to the Chargor of SAVVIS UK or to Guarantor or any other person whatsoever) whatsoever by reason of the Security Trustee's making his appointment NatWest’s appointing him as such Receiver or for any other reason whatsoever. Every such . 14.3 Rights, powers, privileges and immunities by the Act Each Receiver and the Security Trustee and the Beneficiaries NatWest shall be entitled to all the rights, powers, privileges and immunities by the said Act conferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section section 103 of that the Act shall not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries Agent shall not nor shall any Receiver appointed as aforesaid by reason of it or the Security Trustee, the Beneficiaries or Receiver entering into possession of the Security Assets or any part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Security Trustee Agent under the powers in that behalf herein contained shall be deemed to be the agent of the Chargor Borrower 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 the Law of Property ▇▇▇ Act ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security Trustee. The Chargor ▇▇e Borrower alone shall be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities liabilities incurred by him and neither the Security Trustee nor the Beneficiaries Agent shall not incur any Liability liability therefor (either to the Chargor or Borrower nor to any other person whatsoever) whatsoever by reason of the Security TrusteeAgent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Security Trustee and the Beneficiaries Agent shall be entitled to all the rights, powers, privileges and immunities by the said Act conferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section 103 of that Act shall not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries Agent shall not nor shall any Receiver appointed as aforesaid by reason of it or the Security Trustee, the Beneficiaries or Receiver entering into possession of the Security Assets or any part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Security Trustee Agent under the powers in that behalf herein contained shall be deemed to be the agent of the 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 the Law of Property ▇▇▇ Act ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security Trustee. The ▇▇e Chargor alone shall be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities liabilities incurred by him and neither the Security Trustee nor the Beneficiaries Agent shall not incur any Liability liability therefor (either to the Chargor or nor to any other person whatsoever) whatsoever by reason of the Security TrusteeAgent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Security Trustee and the Beneficiaries Agent shall be entitled to all the rights, powers, privileges and immunities by the said Act conferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section 103 of that Act shall not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries shall not nor shall any Receiver appointed as aforesaid by reason None of the Borrower Security Trustee, the Beneficiaries or Receiver Subordinated Security Trustee, any Receiver, any Borrower Secured Creditor nor any Subordinated Secured Creditor will be liable, by reason of entering into possession of the Security Assets its Charged Property or any part thereof be liable thereof, to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Borrower Security Trustee or the Subordinated Security Trustee under the powers in that behalf herein contained shall be deemed to be the agent of the Chargor relevant Obligor 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 the Law of Property ▇▇▇ ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security TrusteeLPA. The Chargor relevant Obligor alone shall will be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities liabilities incurred by him and neither none of the Borrower Security Trustee Trustee, the Subordinated Security Trustee, any Borrower Secured Creditor nor the Beneficiaries any Subordinated Secured Creditor shall incur any Liability liability therefor (either to the Chargor any Obligor or to any other person whatsoever) by reason of the Borrower Security Trustee or Subordinated Security Trustee's , as the case may be, making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and Receiver, the Borrower Security Trustee and the Beneficiaries shall be Subordinated Security Trustee is entitled to all the rights, powers, privileges and immunities conferred by the said Act conferred LPA on mortgagees and receivers when such receivers have been duly appointed under the said LPA, including all the powers of an administrative receiver set out in Schedule 1 to the Insolvency Act but so (whether or not the Receiver is an administrative receiver), except that Section 103 of that Act shall the LPA does not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries Agent shall not nor shall any Receiver appointed as aforesaid by reason of it or the Security Trustee, the Beneficiaries or Receiver entering into possession of the Security Assets or any part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Security Trustee Agent under the powers in that behalf herein contained shall be deemed to be the agent of the 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 the Law of Property ▇▇▇ Act ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security Trustee. The ▇▇e relevant Chargor alone shall be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities liabilities incurred by him and neither the Security Trustee Agent nor the Beneficiaries any Secured Lender shall incur any Liability liability therefor (either whether to the Company, any other Chargor or to any other person whatsoever) by reason of the Security TrusteeAgent's making his appointment as such Receiver other than in the case of wilful neglect or for any other reason whatsoevernegligence on the part of a Receiver or the Security Agent. Every such Receiver and the Security Trustee and the Beneficiaries Agent shall be entitled to all the rights, powers, privileges and immunities by the said Law of Property Act conferred ▇▇▇▇ ▇▇▇ferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section 103 of that the Law of Property Act shall ▇▇▇▇ ▇▇▇ll not apply.

No liability as mortgagee in possession. The Security Trustee and the Beneficiaries Agent shall not nor shall any Receiver appointed as aforesaid by reason of it or the Security Trustee, the Beneficiaries or Receiver entering into possession of the Security Assets or any part thereof be liable to account as mortgagee in possession or be liable for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable. Every Receiver duly appointed by the Security Trustee Agent under the powers in that behalf herein contained shall be deemed to be the agent of the 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 the Law of Property ▇▇▇ ▇▇▇▇. If a liquidator of the Chargor is appointed, the Receiver will act as principal and not as agent of the Security Trustee. The relevant Chargor alone shall be responsible for his contracts, engagements, acts, omissions, defaults and losses and for Liabilities liabilities incurred by him and neither the Security Trustee Agent nor the Beneficiaries any Lender shall incur any Liability liability therefor (either to the Services, any other Chargor or to any other person whatsoever) by reason of the Security TrusteeAgent's making his appointment as such Receiver or for any other reason whatsoever. Every such Receiver and the Security Trustee and the Beneficiaries Agent shall be entitled to all the rights, powers, privileges and immunities by the said Act Law of Property ▇▇▇ ▇▇▇▇ conferred on mortgagees and receivers when such receivers have been duly appointed under the said Act but so that Section 103 of that Act the Law of Property ▇▇▇ ▇▇▇▇ shall not apply.