Breach of Trust. 14 14.4 Acts or omissions........................................................................14 14.5
Breach of Trust. The provisions of this clause 15 will not apply to any obligation or liability of the Trustee to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement, any other Transaction Document in relation to the Series Trust or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the Assets of the Series Trust as a result of the Trustee's fraud, negligence or wilful default.
Breach of Trust. The provisions of this Section 15 will not apply to any obligation or liability of Party B to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement or any other Transaction Document or by operation of law there is a reduction in the extent of Party B's indemnification out of the Assets of the Series Trust, as a result of Party B's fraud, negligence or wilful default.
Breach of Trust. The provisions of this clause 14 will not apply to any obligation or liability of the Issuer to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement or any other Transaction Document or by operation of law there is a reduction in the extent of the Issuer's indemnification out of the Assets of the Series Trust as a result of the Issuer's fraud, negligence or wilful default and will not apply to any obligation or liability of the Issuer to pay amounts from its personal funds pursuant to clause 12.6.
Breach of Trust. However, if due to a breach of trust as a direct consequence of dishonesty by the Independent Trustee, any party claiming under or in connection with this agreement is unable to recover from the assets for the time being of that trust all or any moneys properly payable to that party, then that party may seek to recover those moneys from the personal assets of that Independent Trustee provided that in doing so, that party may only recover the amount (if any) by which the value of the relevant trust assets has been diminished due to the breach of trust.] SIGNATURES SIGNED on behalf of [insert name of Lender]: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED for and on behalf of NZVIF INVESTMENTS LIMITED by: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED by [Company] by: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED by [insert Existing Shareholder's name]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Key Person]: [insert name] SIGNED by [insert name of Key Person]: [insert name] SCHEDULE 1 COMPANY AND PARTY DETAILS Name: Issued shares and shareholders Name of Shareholder Number of Shares Share options and any other equity conversion rights: Directors: Encumbrances: Subsidiaries: Parties and Notice Details: Name Address for Notices and Fascimile Number SCHEDULE 2 LENDERS' PROPORTIONS Name of Lender Lender's Proportion (%) Maximum Loan Amount ($) [ ] SCHEDULE 3 FORM OF DRAWDOWN CERTIFICATE To: [ ] (the Lenders) From: [ ] (the Company) [date] Notice is hereby given that the Company wishes to drawdown the sum of $[insert] of its Loan pursuant to the terms of the Convertible Loan Agreement dated [insert] (Agreement). Pursuant to the Agreement and in further consideration of the advance of the Drawdown the Company hereby warrants and represents to the Lenders that:
Breach of Trust. The provisions of this clause 29 will not apply to any obligation or liability of the Trustee to the extent that it is not satisfied because under the Master Trust Deed, this Deed or any other Transaction Document in relation to the Series Trust or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the Assets of the Series Trust, as a result of the Trustee's fraud, negligence or wilful default.
Breach of Trust. The provisions of this clause 14 will not apply to any obligation or liability of the Borrower to the extent that it is not satisfied because under the Trust Deed, the Sub-Fund Notice, any other Transaction Document or by operation of law there is a reduction in the extent of the Borrower's indemnification out of the assets of the PUMA Trust as a result of the Borrower's fraud, negligence or wilful default.
Breach of Trust. Employee acknowledges that he will learn and come in contact with certain proprietary information or facilities that Employer considers Trade Secrets. Employee understands that if, either during employment or anytime thereafter, Employee discloses to others or uses for Employee's own benefit or copies or makes notes of any of these Trade Secrets and disseminates or uses the same, such conduct will constitute a breach of the confidence and trust bestowed on Employee by Employer and which may result in Employee being liable to Employer for damages.
Breach of Trust. Whenever the Second Party commits any breach of trust with gross violation of established procedures, guidelines and instructions of the HFWD/ VIMSAR, Burla communicated from time to time by mis-utilising his official position and not in consonance with the objectives of the work assigned & also whenever, the Second Party commits any breach of trust with misappropriation of funds and resources of VIMSAR, Burla which he is responsible for management and utilization or otherwise by virtue of his position, the Second Party is liable for such criminal proceedings as deemed fit by the First Party even after rescission, resignation, termination or otherwise abandonment of the contract, not withstanding anything otherwise contained in the Contract.
Breach of Trust. If due to a breach of trust as a direct consequence of dishonesty by the Independent Trustee, any party claiming under or in connection with this agreement is unable to recover from the assets for the time being of that trust all or any moneys properly payable to that party, then that party may seek to recover those moneys from the personal assets of that Independent Trustee provided that in doing so, that party may only recover the amount (if any) by which the value of the relevant trust assets has been diminished due to the breach of trust.
