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This excerpt taken from the LUX 20-F filed Jun 28, 2006. Non-payment));
(ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and(iii) any notice or request made by a Borrower (other than a Utilisation Request or Selection Notice) is made on behalf of and with the consent and knowledge of all the Obligors.(c) The Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.(d) The Agent may act in relation to the Finance Documents through its personnel and agents.(e) The Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement.(f) Notwithstanding any other provision of any Finance Document to the contrary, neither the Agent nor the Mandated Lead Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.27.7. |
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