BOS (Shared Appreciation Mrtg) No 4 New claimants re litigation by mortgage borrowers (6008B)
14 February 2022 - 10:06PM
UK Regulatory
TIDM58LE
RNS Number : 6008B
BOS (Shared Appreciation Mrtg) No 4
14 February 2022
THIS NOTICE IS IMPORTANT AND REQUIRES THE IMMEDIATE ATTENTION OF
NOTEHOLDERS. IF NOTEHOLDERS ARE IN ANY DOUBT AS TO THE ACTION THEY
SHOULD TAKE THEY SHOULD IMMEDIATELY CONSULT THEIR OWN INDEPENDENT
PROFESSIONAL ADVISERS AUTHORISED UNDER THE FINANCIAL SERVICES AND
MARKETS ACT 2000, AS AMENDED (IF THEY ARE LOCATED IN THE UNITED
KINGDOM) OR OTHER APPROPRIATELY AUTHORISED INDEPENDENT PROFESSIONAL
ADVISERS (IF THEY ARE LOCATED OUTSIDE OF THE UNITED KINGDOM).
THIS NOTICE CONTAINS IMPORTANT INFORMATION THAT IS OF INTEREST
TO THE REGISTERED AND BENEFICIAL OWNERS OF THE NOTES. IF
APPLICABLE, ALL DEPOSITORIES, CUSTODIANS AND OTHER INTERMEDIARIES
RECEIVING THIS NOTICE ARE REQUIRED TO EXPEDITE TRANSMISSION HEREOF
TO BENEFICIAL OWNERS OF THE NOTES IN A TIMELY MANNER. IF BENEFICIAL
OWNERS OF THE NOTES ARE IN ANY DOUBT AS TO THE MATTERS REFERRED TO
IN THIS NOTICE, THEY SHOULD CONSULT THEIR STOCKBROKER, LAWYER,
ACCOUNTANT OR OTHER PROFESSIONAL ADVISER WITHOUT DELAY.
If you have recently sold or otherwise transferred your entire
holding(s) of Notes referred to below, you should immediately
forward this notice to the purchaser or transferee or to the
stockbroker, bank or other agent through whom the sale or transfer
was effected for transmission to the purchaser or transferee.
IMPORTANT NOTICE TO THE HOLDERS OF THE
GBP203,670,000 Asset Backed Floating Rate Notes due 2073
(the "Notes")
Issued by
BOS (Shared Appreciation Mortgages) No. 4 PLC
as the "Issuer"
on 14 February 2022
The Issuer refers to the trust deed dated 13 February 1998
constituting the Notes and containing the terms and conditions
applicable thereto (as the same may be amended, amended and
restated and/or supplemented from time to time) (the Trust Deed).
Capitalised terms used but not otherwise defined in this notice
have the same meanings and constructions ascribed to them in the
Trust Deed (including by incorporation). By a notice dated 20
January 2021 (the "January 2021 Notice"), the Issuer notified
Noteholders that it had been formally served with litigation
commenced in the Central London County Court by Borrowers (or their
representatives) under a number of Mortgage Loans. These legal
proceedings were brought as a single action by a number of
claimants and followed pre-action correspondence with the
Borrowers' representatives which concluded without resolution. The
Issuer refers Noteholders to the January 2021 Notice for more
details on the proceedings. By further notice dated 6 October 2021
(the "October 2021 Notice"), the Issuer notified Noteholders that,
by an order of the Central London County Court made on 5 October
2021 (the "October 2021 Order"), additional claimants had been
added to the proceedings. The Issuer refers Noteholders to the
October 2021 Notice for more details of the October 2021 Order.
The Issuer hereby notifies Noteholders that, by an order of the
Central London County Court made on 21 January 2022 (the "January
2022 Order"), additional claimants were to be added to the
proceedings. Following the January 2022 Order, the additional
claimants filed and served their consents to be joined to the Claim
on 4 February 2022. This triggered undertakings given by Bank of
Scotland plc in the Mortgage Portfolio Agreement dated 10 February
1998 (as the same may be amended, amended and restated and/or
supplemented from time to time) to purchase six unredeemed Mortgage
Loans and their Related Security within the Issuer's Mortgage Pool.
According to the terms of the undertakings, unless the Trustee
agrees or requires otherwise, the relevant Mortgage Loans and their
Related Security were to be purchased within 10 days of receipt of
written notice of the commencement of proceedings (in this case,
the filing on 4 February 2022 by the additional claimants of their
consents to be joined to the proceedings).
The Issuer hereby notifies Noteholders that on 11 February 2022,
the Issuer was instructed by the Trustee, acting in accordance with
the Mortgage Portfolio Agreement, not to proceed with the proposed
sale of the relevant Mortgage Loans and their Related Security.
Accordingly, the Issuer will not sell the relevant Mortgage Loans
and their Related Security, and the relevant Mortgage Loans and
their Related Security will remain within the Issuer's Mortgage
Pool.
This notice and any non-contractual obligations arising out of
or in connection with it are governed by English law and the
English courts are to have exclusive jurisdiction in respect of any
disputes arising from this notice.
All enquiries should be directed to:
Investor Relations
Douglas Radcliffe +44 (0) 20 7356 1571
Group Investor Relations Director
Lloyds Banking Group
Email: douglas.radcliffe@lloydsbanking.com
Corporate Affairs
Matt Smith +44 (0) 20 7356 3522
Head of Media Relations
Lloyds Banking Group
Email: matt.smith@lloydsbanking.com
BOS (Shared Appreciation Mortgages) No. 4 PLC
Registered Address: Trinity Road, Halifax, HX1 2RG
ENDS
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END
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