IN ANTICIPATION OF, PURSUANT TO OR IN CONNECTION
THEREWITH;
26.4.5
FOR ANY SHORTFALL WHICH ARISES ON THE ENFORCEMENT OF THE SECURITY;
TO ASCERTAIN WHETHER ALL DEEDS AND DOCUMENTS WHICH SHOULD HAVE BEEN DEPOSITED
WITH IT UNDER OR PURSUANT TO ANY SECURITY DOCUMENT HAVE BEEN SO DEPOSITED OR TO
REQUIRE ANY SUCH DEEDS OR DOCUMENTS TO BE SO DEPOSITED;
26.4.6
TO INVESTIGATE OR MAKE ANY ENQUIRY INTO THE TITLE OF ANY CHARGOR TO
THE SECURED ASSETS OR ANY PART THEREOF AND SHALL BE ENTITLED TO ACCEPT SUCH
TITLE WITHOUT ENQUIRY;
26.4.7
FOR ANY FAILURE TO REGISTER ANY SECURITY DOCUMENT WITH THE REGISTRAR
OF COMPANIES (OTHER THAN AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF THE
SECURITY TRUSTEE);
26.4.8
FOR ANY FAILURE TO REGISTER ANY SECURITY DOCUMENT IN ACCORDANCE WITH
THE PROVISIONS OF THE DOCUMENTS OF TITLE OF ANY CHARGOR TO ANY OF THE SECURED
ASSETS (OTHER THAN AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF THE SECURITY
TRUSTEE);
26.4.9
FOR ANY FAILURE TO EFFECT OR PROCURE THE REGISTRATION OF ANY
FLOATING CHARGE CREATED BY ANY OF THE SECURITY DOCUMENTS BY REGISTERING UNDER
THE LAND REGISTRATION ACT 1925 OR ANY ACT AMENDING OR EXTENDING THE SAME, ANY
NOTICE, CAUTION OR OTHER ENTRY PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF
THE SAID ACT AGAINST ANY LAND FOR THE TIME BEING FORMING PART OF THE SECURED
ASSETS (OTHER THAN AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF THE SECURITY
TRUSTEE);
26.4.10
FOR ANY FAILURE TO TAKE OR REQUIRE ANY CHARGOR TO TAKE ANY STEPS TO
RENDER ANY SECURITY DOCUMENT EFFECTIVE AS REGARDS SECURED ASSETS OUTSIDE ENGLAND
OR WALES OR TO SECURE THE CREATION OF ANY ANCILLARY CHARGE UNDER THE LAWS OF THE
JURISDICTION CONCERNED;
26.4.11
FOR ANY FAILURE TO OBTAIN ANY LICENCE, CONSENT OR OTHER AUTHORISATION
FOR THE EXECUTION, DELIVERY, VALIDITY, ENFORCEABILITY OR ADMISSIBILITY IN
EVIDENCE OF ANY SECURITY DOCUMENT;
26.4.12
FOR ANY FAILURE TO REQUIRE ANY FURTHER ASSURANCE IN RELATION TO ANY
SECURED ASSETS;
26.4.13
FOR ACTING (OR, AS THE CASE MAY BE, REFRAINING FROM ACTING) IN
ACCORDANCE WITH THE DIRECTIONS OF ANY OF THE BENEFICIARIES GIVEN PURSUANT TO
THIS DEED,
and each of the Beneficiaries agrees that it will not assert or seek to assert
against any officer, employee or agent of the Security Trustee any claim it
might have against any of them in respect of the matters referred to in this
Clause 26.4.
Any third party referred to in this Clause 26.4 may enjoy the
benefit of, or enforce the terms of, this Clause 26.4 in accordance with the
provisions of the Contracts (Rights of Third Parties) Act 1999.
62
26.5
SECURITY TRUSTEE'S DISCRETIONS
The Security Trustee may:
26.5.1
ASSUME UNLESS IT HAS, IN ITS CAPACITY AS TRUSTEE FOR THE
BENEFICIARIES, RECEIVED ACTUAL NOTICE TO THE CONTRARY THAT (A) NO CHARGOR IS IN
BREACH OF OR DEFAULT UNDER ITS OBLIGATIONS UNDER ANY OF THE FINANCE DOCUMENTS,
THE HEDGING FINANCE DOCUMENTS OR THE LEASE DOCUMENTS AND (B) ANY RIGHT, POWER,
AUTHORITY OR DISCRETION