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| Date | 14 Feb 2022 |
| Time | 11:06:39 |
| Category | Miscellaneous |
| ID | 6008B |
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
£203,670,000 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: [email protected]
Corporate Affairs
Matt Smith +44 (0) 20 7356 3522
Head of Media Relations
Lloyds Banking Group
Email: [email protected]
BOS (Shared Appreciation Mortgages) No. 4 PLC
Registered Address: Trinity Road, Halifax, HX1 2RG
ENDS