Action Taken as Trustee Sample Clauses

Action Taken as Trustee. The Trustee has executed and delivered this Agreement, not in its individual or corporate capacity, but solely as Trustee of the Purchaser. The performance of this Agreement by the Trustee and any and all duties, obligations and liabilities of the Trustee hereunder will be effected by the Trustee only as Trustee. The Trustee does not undertake nor shall have any individual or corporate liability or obligation of any nature whatsoever by virtue of the execution and delivery of this Agreement or the representations, covenants or warranties contained herein or in any instrument or certificate delivered pursuant hereto.
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Action Taken as Trustee. This document was executed by the Trustee, not in his individual capacity, but solely as Trustee of the Trust. The performance of this Agreement by the Trustee and any and all duties, obligations and liabilities of the Trustee hereunder shall be effected by him only as Trustee. The Trustee does not undertake nor shall he have any individual liability or obligation of any nature whatsoever by virtue of the execution and delivery of this Agreement, or the representations, covenants or warranties contained herein.
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Action Taken as Trustee. Each Purchaser hereby expressly acknowledges and agrees that this Agreement, the Notes and the other Note Documents to which the ESOP is a party are being signed by the ESOP Trustee not in its individual capacity, but solely as Trustee of and on behalf of the ESOP, and that the obligations of the ESOP Trustee under this Agreement, the Notes and such other Note Documents are without recourse against the Trustee. If you are in agreement with the foregoing, please sign the form of acceptance on the enclosed counterparts of this letter and return the same to the ESOP, whereupon this letter shall become a binding agreement among the ESOP and the Purchasers. Very truly yours, LASALLE BANK NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee of THE BUCKEYE PIPE LINE SERVICES COMPANY EMPLOYEE STOCK OWNERSHIP PLAN TRUST By: /s/ E. Xxxxxx Xxxxx ________________________________________ E. Xxxxxx Xxxxx Senior Vice President The foregoing Agreement is hereby accepted as of the date first above written. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: /s/ Xxxxx Xxxxxx __________________________________________________ Vice President PRUCO LIFE INSURANCE COMPANY By: /s/ Xxxxx Xxxxxx __________________________________________________ Vice President PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY By: /s/ Xxxxx Xxxxxx __________________________________________________ Vice President PURCHASER SCHEDULE AGGREGATE PRINCIPAL AMOUNT OF NOTES NOTE TO BE PURCHASED DENOMINATION(S) --------------- --------------- THE PRUDENTIAL INSURANCE COMPANY OF AMERICA $31,288,600 $31,288,600
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Action Taken as Trustee. GreatBanc Trust Company ("GBTC") has executed and delivered this Agreement and the other Purchase Money Loan Documents, not in its individual capacity, but solely in its capacity as Trustee of the Trust. The performance of this Agreement and the other Purchase Money Loan Documents by the Trust and any and all duties, obligations and liabilities of the Trustee hereunder will be effected by GBTC only as Trustee. GBTC does not undertake nor shall it have any individual or corporate liability or obligation of any nature whatsoever by virtue of the execution and delivery of this Agreement and the other Purchase Money Loan Documents or the representations, covenants or warranties contained herein or therein, except for the following representations which are made by it expressly in its individual capacity:
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Action Taken as Trustee. GreatBanc has executed and delivered the ESOP Loan Documents, not in its individual or corporate capacity, but solely as Trustee of the Trust. The performance of the ESOP Loan Documents by the Trustee and any and all duties, obligations and liabilities of the Trustee hereunder will be effected by GreatBanc only as Trustee. GreatBanc does not undertake nor shall it have any individual or corporate liability or obligation of any nature whatsoever by virtue of the execution and delivery of the ESOP Loan Documents or the representations, covenants or warranties contained herein.
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Action Taken as Trustee. The Bank hereby expressly acknowledges and agrees that this Agreement and the ESOP Note are being signed by the Trustee not in their individual capacities, but solely as Trustee of and on behalf of the Trust, and that the obligations of the Trustee under this Agreement and under the ESOP Note are without personal recourse against the Trustee.
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Action Taken as Trustee. The Trustee has executed and delivered this Agreement and will execute and deliver each ESOP Note, not in its individual or corporate capacities, but solely as Trustee of the Borrower. The performance of this Agreement by the Trustee and any and all duties, obligations and liabilities of the Trustee hereunder will be effected by it only as Trustee. The Trustee does not undertake, nor shall have, any individual liability or obligation of any nature whatsoever by virtue of the execution and delivery of this Agreement or an ESOP Note, or the representations, covenants or warranties contained herein.
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Action Taken as Trustee. This Agreement is executed by Xxxxxxx Xxxxxxx solely in his capacity as trustee of the Caliber ESOP Trust, a party to this Agreement. Xxxxxxx Xxxxxxx and his successors as trustee of the Caliber ESOP Trust do not undertake and shall not have any personal or individual liability or obligation of any nature whatsoever by virtue of the execution and delivery hereof.
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Related to Action Taken as Trustee

  • Persons Eligible for Appointment as Trustee The Trustee for each series of Securities hereunder shall at all times be a corporation or banking association organized and doing business under the laws of the United States of America, any State thereof or the District of Columbia, having a combined capital and surplus of at least $50,000,000, and which is authorized under such laws to exercise corporate trust powers and is subject to supervision or examination by Federal, state or District of Columbia authority. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 6.11. The provisions of this Section 6.10 are in furtherance of and subject to Section 310(a) of the Trust Indenture Act.

  • Indenture Trustee as Agent A separate trustee or co-trustee may appoint the Indenture Trustee as its agent or attorney-in-fact with power and authority, if permitted by law, to do each lawful act under or for this Indenture on its behalf and in its name. If a separate trustee or co-trustee becomes incapable of acting, resigns or is removed, all of its rights, powers and obligations will be exercised by the Indenture Trustee, if permitted by law, without the appointment of a new or successor trustee.

  • May Hold Securities and Act as Trustee under Other Indentures The Trustee, any Authenticating Agent, any Paying Agent, any Security Registrar or any other agent of the Company, in its individual or any other capacity, may become the owner or pledgee of Securities and, subject to Sections 6.8 and 6.13, may otherwise deal with the Company with the same rights it would have if it were not Trustee, Authenticating Agent, Paying Agent, Security Registrar or such other agent. Subject to the limitations imposed by the Trust Indenture Act, nothing in this Indenture shall prohibit the Trustee from becoming and acting as trustee under other indentures under which other securities, or certificates of interest of participation in other securities, of the Company are outstanding in the same manner as if it were not Trustee hereunder.

  • Appointment of Co-Trustee (a) It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as trustee in such jurisdiction. It is recognized that in case of litigation under this Indenture, and in particular in case of the enforcement thereof on Default, or in the case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein granted to the Trustee or hold title to the properties, in trust, as herein granted or take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or institution as a separate or co-trustee. The following provisions of this Section 7.10 are adopted to these ends.

  • Appointment as Subadviser Subject to and in accordance with the provisions hereof, Manager hereby appoints Subadviser as investment subadviser to perform the various investment advisory and other services to the Fund set forth herein and, subject to the restrictions set forth herein, hereby delegates to Subadviser the authority vested in Manager pursuant to the Management Contract to the extent necessary to enable Subadviser to perform its obligations under this Agreement.

  • Trustee as Securities Intermediary (a) The Trustee or other Person holding the Series 2022-1 Distribution Accounts shall be the “Series 2022-1 Securities Intermediary”. If the Series 2022-1 Securities Intermediary in respect of any Series 2022-1 Distribution Account is not the Trustee, the Master Issuer shall obtain the express agreement of such other Person to the obligations of the Series 2022-1 Securities Intermediary set forth in this Section 3.9.

  • Appointment of USBFS as Transfer Agent The Trust hereby appoints USBFS as transfer agent of the Trust on the terms and conditions set forth in this Agreement, and USBFS hereby accepts such appointment and agrees to perform the services and duties set forth in this Agreement. The services and duties of USBFS shall be confined to those matters expressly set forth herein, and no implied duties are assumed by or may be asserted against USBFS hereunder.

  • Appointment of Co-Eligible Lender Trustee or Separate Eligible Lender Trustee Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

  • Appointment as Sub-Advisor The Advisor hereby appoints the Sub-Advisor to act as investment adviser for and to manage the Sub-Advisor Assets, subject to the supervision of the Advisor and the Board of Trustees of the Trust, and subject to the terms of this Agreement; and the Sub-Advisor hereby accepts such appointment. In such capacity, the Sub-Advisor shall be responsible for the investment management of the Sub-Advisor Assets. The Sub-Advisor agrees to exercise the same degree of skill, care and diligence in performing its services under this Agreement as the Sub-Advisor exercises in performing similar services with respect to other fiduciary accounts for which the Sub-Advisor has investment responsibilities, and that a prudent manager would exercise under the circumstances.

  • Appointment as Sub-Adviser The Adviser hereby retains the Sub-Adviser to act as investment adviser for and to manage the Sub-Adviser Assets, subject to the supervision of the Adviser and the Board and subject to the terms of this Agreement; and the Sub-Adviser hereby accepts such employment. In such capacity, the Sub-Adviser shall be responsible for the investment management of the Sub-Adviser Assets. The Sub-Adviser agrees to exercise the same skill and care in performing its services under this Agreement as the Sub-Adviser exercises in performing similar services with respect to other fiduciary accounts for which the Sub-Adviser has investment responsibilities.

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