BE UNDER ANY OBLIGATION TO SUPERVISE THE PROCEEDINGS OF AND SHALL NOT BE IN
ANY WAY RESPONSIBLE FOR ANY LOSS INCURRED BY REASON OF ANY MISCONDUCT OR DEFAULT
ON THE PART OF ANY SUCH DELEGATE OR SUB-DELEGATE OR BE BOUND TO SUPERVISE THE
PROCEEDINGS OR ACTS OF ANY SUCH PERSON; THE ADMINISTRATIVE AGENT SHALL, WITHIN A
REASONABLE TIME OF ANY SUCH DELEGATION OR ANY RENEWAL, EXTENSION OR TERMINATION
THEREOF, GIVE NOTICE THEREOF TO THE CHARGOR AND SHALL PROCURE THAT ANY DELEGATE
SHALL GIVE NOTICE TO THE CHARGOR OF ANY APPOINTMENT OF ANY SUB-DELEGATE;
18.5.12
THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RELY ON THE
CERTIFICATE OF A DULY AUTHORISED OFFICER OF ANY SECURED PARTY AS TO THE AMOUNT
PAYABLE IN RESPECT OF THE SECURED OBLIGATIONS DUE TO SUCH SECURED PARTY AND
SHALL NOT BE LIABLE TO THE CHARGOR BY REASON OF SUCH RELIANCE;
18.5.13
ANY CONSENT GIVEN BY THE ADMINISTRATIVE AGENT FOR THE PURPOSES OF
THIS DEED MAY BE GIVEN ON SUCH TERMS AND CONDITIONS (IF ANY) AS THE
ADMINISTRATIVE AGENT THINKS FIT;
18.5.14
THE ADMINISTRATIVE AGENT SHALL NOT (UNLESS ORDERED SO TO DO BY A
COURT OF COMPETENT JURISDICTION) BE REQUIRED TO DISCLOSE TO ANY SECURED PARTY
ANY CONFIDENTIAL, FINANCIAL, PRICE SENSITIVE, OR OTHER INFORMATION MADE
AVAILABLE TO THE ADMINISTRATIVE AGENT BY THE CHARGOR IN CONNECTION WITH THIS
DEED AND NO SECURED PARTY SHALL BE ENTITLED TO TAKE ANY ACTION TO OBTAIN FROM
THE ADMINISTRATIVE AGENT ANY SUCH INFORMATION; AND
18.5.15
THE ADMINISTRATIVE AGENT MAY DETERMINE WHETHER OR NOT A DEFAULT IN
THE PERFORMANCE BY THE CHARGOR OF ANY OBLIGATION UNDER THE PROVISIONS OF THIS
DEED IS IN ITS OPINION CAPABLE OF REMEDY AND/OR IS MATERIALLY PREJUDICIAL TO THE
INTERESTS OF THE SECURED PARTIES AND ANY SUCH DETERMINATION SHALL BE CONCLUSIVE
AND BINDING UPON THE CHARGOR AND THE SECURED PARTIES,
Provided, nevertheless, that nothing contained in this sub-Clause shall, in any
case in which the Administrative Agent has failed to show the degree of care and
diligence required of it as trustee having regard to the provisions of this Deed
conferring on the Administrative Agent any powers, authorities or discretions,
relieve or indemnify the Administrative Agent against any liability for breach
of trust or any liability which by virtue of any rule of law would otherwise
attach to it in respect of any negligence, default, breach of duty or breach of
trust of which it may be guilty in relation to its duties under this Deed.
18.6
TITLE
THE ADMINISTRATIVE AGENT SHALL ACCEPT WITHOUT INVESTIGATION, REQUISITION OR
OBJECTION, SUCH TITLE AS THE CHARGOR MAY HAVE TO THE CHARGED ASSETS AND SHALL
NOT BE BOUND OR CONCERNED TO EXAMINE OR ENQUIRE INTO NOR BE LIABLE FOR ANY
DEFECT OR FAILURE IN THE TITLE OF THE CHARGOR TO THE CHARGED ASSETS OR ANY PART
THEREOF WHETHER SUCH DEFECT OR FAILURE WAS KNOWN TO THE ADMINISTRATIVE AGENT OR
MIGHT HAVE BEEN DISCOVERED UPON EXAMINATION OR ENQUIRY AND WHETHER CAPABLE OF
REMEDY OR NOT BUT THE CHARGOR SHALL NEVERTHELESS OBSERVE ANY UNDERTAKING GIVEN