Common use of Responsibility for documentation and other matters Clause in Contracts

Responsibility for documentation and other matters. Neither the Agent nor the Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Building Contract; (c) is responsible for the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building Contract or the financial condition of any such person; (g) is responsible to ascertain whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate or make any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documents; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.

Appears in 2 contracts

Sources: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)

Responsibility for documentation and other matters. Neither the Agent nor the Arrangerany Mandated Lead Arranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Mandated Lead Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract any Charter Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building Contractany Charter Document; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building Contract any Charter Document or the financial condition of any such person; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security DocumentAgent) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure failing to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure failing to take or require any Obligor or any other person to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or; (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 2 contracts

Sources: Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.)

Responsibility for documentation and other matters. Neither None of the Agent nor the Arrangeror any Bookrunner or any Mandated Lead Arranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Bookrunner or any Mandated Lead Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building any Charter Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building any Charter Contract; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building any Charter Contract or the financial condition of any such person; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security DocumentAgent) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure failing to register any of the Security Documents with the Registrar any applicable registrar of Companies companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or; (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 2 contracts

Sources: China Eca Facility Framework Agreement (Seadrill Partners LLC), Secured Credit Facility Agreement (Seadrill Partners LLC)

Responsibility for documentation and other matters. Neither the Agent nor the any Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document, any Charter Document or the any Building Contract Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document, any Charter Document or the any Building ContractContract Document; (c) is responsible for the application of any Basel 2 Capital Adequacy Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document, any Charter Document or the any Building Contract Document or the financial condition of any such person; (g) is responsible to ascertain for ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate for investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is responsible (save as otherwise provided in this clause 35) for taking or omitting to take any other action under or in relation to the Security Documents; (m) is responsible on account of the failure of any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (n) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (mo) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Loan Facility Agreement (Navigator Holdings Ltd.)

Responsibility for documentation and other matters. Neither None of the Agent nor the Arrangeror any Bookrunner or any Mandated Lead Arranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Bookrunner or any Mandated Lead Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building any Charter Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building any Charter Contract; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building any Charter Contract or the financial condition of any such person; ; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security DocumentAgent) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure failing to register any of the Security Documents with the Registrar any applicable registrar of Companies companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or; (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Secured Credit Facility Agreement

Responsibility for documentation and other matters. Neither the Administrative Agent nor the Arrangerany Mandated Lead Arranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Administrative Agent, the any Mandated Lead Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Transaction Document or the Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building ContractTransaction Document; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property Collateral or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under or in connection with any Finance Document or the Building Contract Transaction Document, or the financial condition of any such person; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security DocumentAgent) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry inquiry into the title of any Obligor to any of the Charged Property Collateral or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documents; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged PropertyCollateral; (kj) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales New York or to secure the creation of any ancillary charge pledge under the laws of the jurisdiction concerned; or; (lk) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (ml) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Loan Agreement (Dorian LPG Ltd.)

Responsibility for documentation and other matters. Neither the Agent nor the ArrangerArranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract any Charter Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building Contractany Charter Document; (c) is responsible for the application of any Basel 2 II Regulation or Basel Ill Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building Contract any Charter Document or the financial condition of any such person; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure failing to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or; (lI) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.;

Appears in 1 contract

Sources: Facility Agreement (DryShips Inc.)

Responsibility for documentation and other matters. Neither the Agent nor the any Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document, any Purchase Contract or any Charter Document or the Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document Document, any Purchase Contract or the Building Contractany Charter Document; (c) is responsible for the application of any Basel 2 Capital Adequacy Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document, any Purchase Contract or any Charter Document or the Building Contract or the financial condition of any such person; (g) is responsible to ascertain for ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate for investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is responsible (save as otherwise provided in this clause 34) for taking or omitting to take any other action under or in relation to the Security Documents; (m) is responsible on account of the failure of any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (n) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (mo) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Facility Agreement (Navigator Holdings Ltd.)

Responsibility for documentation and other matters. Neither the Agent nor the any Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document, any Charter Document or the any Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document, any Charter Document or the any Building Contract; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document, any Charter Document or the any Building Contract or the financial condition of any such person; (g) is responsible to ascertain for ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate for investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is responsible (save as otherwise provided in this clause 35) for taking or omitting to take any other action under or in relation to the Security Documents; (m) is responsible on account of the failure of any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (n) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (mo) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Facility Agreement (Navigator Holdings Ltd.)

Responsibility for documentation and other matters. Neither None of the Agent nor Agent, the Bookrunner or any Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, any Arranger, the ArrangerBookrunner, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract any Charter Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or the Building Contractany Charter Document; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building Contract any Charter Document or the financial condition of any such person; (g) is responsible to ascertain for ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate for investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is responsible (save as otherwise provided in this clause 34) for taking or omitting to take any other action under or in relation to the Security Documents; (m) is responsible on account of the failure of any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (n) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (mo) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Loan Agreement (Navigator Holdings Ltd.)

Responsibility for documentation and other matters. Neither the Administrative Agent nor the Arrangerany Mandated Lead Arranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Administrative Agent, the any Mandated Lead Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Transaction Document or the Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document or the Building ContractTransaction Document; (c) is responsible for the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property Collateral or any investments made or retained in good faith or by reason of any other matter or thing; (ed) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (fe) is responsible for the failure of any Obligor or any other party to perform its obligations under or in connection with any Finance Document or the Building Contract Transaction Document, or the financial condition of any such person; (gf) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security DocumentAgent) under or pursuant to any of the Security Documents have been so deposited; (hg) is responsible to investigate investigating or make making any enquiry inquiry into the title of any Obligor to any of the Charged Property Collateral or any of its other property or assets; (ih) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documents; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged PropertyCollateral; (ki) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales New York or to secure the creation of any ancillary charge pledge under the laws of the jurisdiction concerned; or; (lj) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or (mk) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Loan Agreement (Dorian LPG Ltd.)

Responsibility for documentation and other matters. Neither the Agent nor the Sustainability Coordinator, the Documentation Agent nor any Arranger: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the any Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance 177 UK-#396550026-v7 Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document;; 178 UK-#396550026-v7 (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract any Charter Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document or any Charter Document or any determination as to whether any information provided or to be provided to any Finance Party is non-public information the Building Contractuse of which may be regulated or prohibited by applicable law or regulation relating to insider dealing or otherwise; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document or the Building Contract any Charter Document or the financial condition of any such person; (g) is responsible to ascertain for ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate for investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is responsible (save as otherwise provided in this clause 34) for taking or omitting to take any other action under or in relation to the Security Documents; (m) is responsible on account of the failure of any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (n) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document to perform or discharge any of its duties or obligations under the Security Documents; or (mo) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law relating to insider dealing or otherwise.. 179 UK-#396550026-v7

Appears in 1 contract

Sources: Facility Agreement (Navigator Holdings Ltd.)

Responsibility for documentation and other matters. Neither None of the Agent nor Agent, the Security Agent, the Arranger:, the Co-ordinator, any Receiver or any Delegate is responsible or liable for (whether in contract, tort or otherwise and without prejudice to any other provision of the Finance Documents excluding or limiting its liability): (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or writtenwritten and including without limitation any opinions, searches or valuations) supplied by the Agent, the Security Agent, the Arranger, the Co-ordinator, an Obligor or any other person given in or in connection with any Finance Transaction Document or the transactions contemplated in the Finance Transaction Documents or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Transaction Document or of any representations in any Transaction Document or of any copy of any document delivered under any Transaction Document; (b) the Building Contractlegality, validity, effectiveness, adequacy, accuracy, suitability or enforceability of any Transaction Document, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document, the Transaction Security or the Security Property constructed thereby; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Transaction Documents; (d) is responsible for (in the case of the Security Agent) any loss to the Trust Security Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Transaction Document or the Building Contract or the financial condition of any such person; (f) (save as otherwise provided in this clause 33, including without limitation, where instructed pursuant to clause 33.4 (Instructions to Agent and the Security Agent) taking or omitting to take any other action under or in relation to the Security Documents; (g) is responsible to ascertain whether all deeds and documents which should have been deposited with it (any payment deduction or withholding of any Tax or governmental charge as a result of the Security Agent and/or (i) holding the Transaction Security created by the Finance Documents or (ii) enforcing such Transaction Security created by the Finance Documents and shall have no liability for distributing any other beneficiary amounts hereunder net of a Security Document) under or pursuant to any of the Security Documents have been so depositedsuch amounts; (h) is responsible to investigate or make any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documents; (j) is responsible for the failure to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documentsany Finance Document; or (mi) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise.

Appears in 1 contract

Sources: Facility Agreement (Danaos Corp)

Responsibility for documentation and other matters. Neither the Agent nor the ArrangerArranger is responsible or liable for: (a) is responsible for the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or of any representations in any Finance Document or of any copy of any document delivered under any Finance Document; (b) is responsible for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or the Building any Contract or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document, any Charter Document or the Building any Contract; (c) is responsible for the application of any Basel 2 II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; (d) is responsible for any loss to the Trust Property arising in consequence of the failure, depreciation or loss of any Charged Property or any investments made or retained in good faith or by reason of any other matter or thing; (e) is obliged to account accounting to any person for any sum or the profit element of any sum received by it for its own account; (f) is responsible for the failure of any Obligor or any other party to perform its obligations under any Finance Document, any Charter Document or the Building any Contract or the financial condition of any such person; (g) is responsible to ascertain ascertaining whether all deeds and documents which should have been deposited with it (or the Security Agent and/or any other beneficiary of a Security Document) under or pursuant to any of the Security Documents have been so deposited; (h) is responsible to investigate investigating or make making any enquiry into the title of any Obligor to any of the Charged Property or any of its other property or assets; (i) is responsible for the failure failing to register any of the Security Documents with the Registrar of Companies or any other public office or for the perfection of any Security Documentsoffice; (j) is responsible for the failure failing to register any of the Security Documents in accordance with the provisions of the documents of title of any Obligor to any of the Charged Property; (k) is responsible for the failure failing to take or require any Obligor to take any steps to render any of the Security Documents effective as regards property or assets outside England or Wales or to secure the creation of any ancillary charge under the laws of the jurisdiction concerned; or; (l) is (unless it is the same entity as the Security Agent) responsible on account of the failure of the Security Agent and/or any other beneficiary of a Security Document failing to perform or discharge any of its duties or obligations under the Security Documents; or; (m) for any determination as to whether any information provided or to be provided to any Finance Party is non-public information the use of which may be regulated or prohibited by any applicable law or regulation relating to insider dealing or otherwise; (n) making any investigation in respect of or in any way be liable whatsoever for the existence, accuracy or sufficiency of any legal or other opinions, reports, certificates or investigations delivered or obtained or required to be delivered or obtained at any time in connection herewith; (o) any unsuitability, inadequacy or unfitness of any Charged Property as security for the Advances and shall not be obliged to make any investigation into, and shall be entitled to assume, the suitability, adequacy and fitness of the Charged Property as security for the Advances; or (p) any damage to or any unauthorised dealing with the Charged Property nor shall it have any responsibility or liability arising from the fact that the Charged Property, or documents relating thereto, may be registered in its name or held by it or any other bank or agent selected by the Agent or the Security Agent.

Appears in 1 contract

Sources: Facility Agreement (Quintana Shipping Ltd.)