BOS (Shared Appreciation Mrtg) No 3 New claimants re litigation by mortgage borrowers (2348O)
October 06 2021 - 8:13AM
UK Regulatory
TIDM57LE
RNS Number : 2348O
BOS (Shared Appreciation Mrtg) No 3
06 October 2021
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
GBP46,560,000 Mortgage Backed Fixed Rate Notes due 2073
(the "Notes")
Issued by
BOS (Shared Appreciation Mortgages) No. 3 PLC
as the "Issuer"
on 6 October 2021
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(th)
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.
The Issuer hereby notifies Noteholders that, by an order of the
Central London County Court made on 5(th) October 2021, additional
claimants have been added to the proceedings. The order of the
Central London County Court has 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 one unredeemed
Mortgage Loan and its 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 Loan
and its Related Security are to be purchased within 10 days of
receipt of written notice of the issue of proceedings (in this
case, the order of the Central London County Court). The price will
be calculated on the basis set out in the offering circular under
the heading "Warranties and Undertakings given by Bank of
Scotland", which in summary is a Loan Amount Element equal to the
Loan Amount outstanding under the relevant Mortgage Loan on the
purchase completion date plus a Funding Element that is intended to
give a LIBOR-based return on the Loan Amount Element.
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)7788352487
Head of Media Relations
Lloyds Banking Group
Email: matt.smith@lloydsbanking.com
BOS (Shared Appreciation Mortgages) No. 3 PLC
Registered Address: Trinity Road, Halifax, HX1 2RG
ENDS
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