Common use of Consequences of Breach Clause in Contracts

Consequences of Breach. Without prejudice to Clauses 7 and 8, Funding 1, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 4 contracts

Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)

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Consequences of Breach. Without prejudice to Clauses 7 and Clause 8, Funding 1Funding, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious, or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed security constituted by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.

Appears in 3 contracts

Samples: Mortgage Sale Agreement (Holmes Funding LTD), Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC), Mortgage Sale Agreement (Holmes Funding LTD)

Consequences of Breach. Without prejudice to Clauses 7 and 8, Funding 1, each of the Mortgages Trustee and the Security Trustee severally acknowledge parties to and agree with the Seller, and the Security Trustee this Agreement acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortioustortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by Companies and/or the Funding 1 Deed of Charge Security Trustees by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding 1 or such assets Companies and/or the Funding Security Trustees as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement the service of a Note Acceleration Notice on the Funding 1 Security contributed by the Funding 1 Deed of Charge Issuer shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 3 contracts

Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement

Consequences of Breach. Without prejudice to Clauses 7 and Clause 8, Funding 1, and the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious, or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed security constituted by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.

Appears in 3 contracts

Samples: Mortgage Sale Agreement (Holmes Financing No 8 PLC), Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC), Mortgage Sale Agreement (Holmes Financing No 7 PLC)

Consequences of Breach. Without prejudice to Clauses 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to and agrees with Funding 1 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or and/or Funding 2 and/or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the Funding 1 Security contributed constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 2 contracts

Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD), Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)

Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 2 contracts

Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)

Consequences of Breach. Without prejudice to Clauses 7 and 8, Funding 1, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 1 contract

Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)

Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to and agrees with Funding 1 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or and/or Funding 2 and/or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the Funding 1 Security contributed constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 1 contract

Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)

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Consequences of Breach. Without prejudice to Clauses 7 (Undertakings) and 8, Funding 1, the Mortgages Trustee 8 (Warranties and the Security Trustee severally acknowledge to and agree with Repurchase by the Seller), and each of the Security Trustee parties to this Agreement acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortioustortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by Companies and/or the Funding 1 Deed of Charge Security Trustees by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding 1 or such assets Companies and/or the Funding Security Trustees as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement the service of a Note Acceleration Notice on the Funding 1 Security contributed by the Funding 1 Deed of Charge Issuer or any New Issuer shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 1 contract

Samples: Mortgage Sale Agreement

Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to and agrees with Funding 1 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge and the Funding 2 Security constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the Funding 1 Security contributed constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 1 contract

Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)

Consequences of Breach. Without prejudice to Clauses 7 and CLAUSE 8, Funding 1, and the Mortgages Trustee and the Funding Security Trustee severally acknowledge to and agree with the Seller, and the Funding Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious, or tortiousdelictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed security constituted by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.

Appears in 1 contract

Samples: Mortgage Sale Agreement (Holmes Financing No 6 PLC)

Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual contractual, tortious or tortious, delictual express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding 1 Security constituted by the Funding 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Event of Default or enforcement of the Funding 1 Security contributed by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.

Appears in 1 contract

Samples: Mortgage Sale Agreement (Permanent Financing (No. 8) PLC)

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