By Trustee. The Trustee may assign and transfer its rights under this Agreement to a person who succeeds it as Trustee under the Master Trust Deed. The Master Servicer must upon request by the Trustee execute such documents as the Trustee reasonably requires at the cost of the Trustee to transfer to the successor Trustee the rights and obligations of the Trustee under this Agreement upon it ceasing to hold the office of Trustee under the Master Trust Deed.
By Trustee. Except as provided in Section 10.1, payments under this paragraph shall be made to the Holders by check mailed by Trustee to each Holder's respective address of record (or, in the case of Certificates registered in the name of a Clearing Agency, or its nominee, by wire transfer of immediately available funds). To the extent that Trustee is required to wire funds to the Holders from the Class A Distribution Account or the Class B Distribution Account, as applicable, it shall request the bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable, to make a wire transfer of the amount to be distributed and the bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable, shall promptly deliver to Trustee a confirmation of such wire transfer. To the extent that Trustee is required to make payments to Holders by check hereunder, it shall request the bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable, to provide it with a supply of checks to make such payments. The bank shall, if a request is made by Trustee for a wire transfer by [ ] A.M. ( , time) on any Distribution Date, wire such funds in accordance with such instructions by [ ] A.M. ( , time) on such Distribution Date, and it will otherwise act in compliance with the provisions of this paragraph and the other provisions of this Agreement applicable to it as the bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable. Servicer shall take all necessary action (including requiring an agreement to such effect) to ensure that any bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable, agrees to comply, and complies, with the provisions of this paragraph and the other provisions of this Agreement applicable to it as the bank maintaining the Class A Distribution Account or the Class B Distribution Account, as applicable.
By Trustee. 28 SECTION 4.05. Trustee May File Proofs of Claim ............................ 28 SECTION 4.06. Application of Money Collected .............................. 28 SECTION 4.07.
By Trustee. The Trustee executes this Third Supplemental Indenture in accordance with the terms of the Indenture; provided, however, that such execution is conditioned upon the satisfaction of all the terms and conditions contained herein, and that such execution shall not constitute a waiver of any of the terms and conditions set forth in the Indenture or other Mortgage Documents.
By Trustee. In the event the Issuer elects to redeem the Notes, the Trustee may, in its sole and absolute discretion (but without liability for any loss), during the period starting five London Business Days prior to a Redemption Date and ending on the close of business on the London Business Day immediately prior to such Redemption Date, elect by written notice to the Principal Paying, Conversion and Exchange Agent to exercise Conversion and Exchange Rights in respect of the aggregate principal amount of Notes to be redeemed on such date with respect to which no Conversion and Exchange Notice has been delivered (the "UNEXERCISED NOTES"); provided that the Trustee shall have received all required consents (if any) and the Trustee shall be satisfied or have been advised by an investment bank of international repute selected and appointed by the Trustee that the net proceeds of an immediate sale of Ordinary Shares arising from conversion and exchange (without regard to liability (other than the liability of the Trustee, the Issuer or the Guarantor) for any taxes or capital, stamp, issue or registration duties arising on conversion and exchange) would be likely to exceed the redemption price payable in respect of the Unexercised Notes by at least 5.0%. The Ordinary Shares issuable upon such conversion and exchange shall be issued on the tenth Business Day following delivery of the written notice referred to in the preceding paragraph and, when issued, shall be sold by, or on behalf of, the Trustee in any manner that complies with applicable law as soon as practicable after issuance thereof. The net proceeds of the sale of Ordinary Shares issued in respect of such Unexercised Notes shall be held by the Trustee in trust for the holders of the Unexercised Notes and distributed pro rata to such holders, after deduction for any amounts payable by the Trustee or by the holder of an Unexercised Note in respect of any taxes, or capital, stamp, issue or registration duties and any costs incurred by the Trustee in connection with the allotment and sale of such Ordinary Shares.
By Trustee. Subject to the further provisions of this Article VIII, moneys held by the Trustee hereunder shall be invested and reinvested on maturity by the Trustee pursuant to Section 8.02(b) hereof. The Trustee will report any such investments to the District on a monthly basis in its regular statements. Such investments and reinvestments shall be made giving full consideration for the time at which funds are required to be available based upon information supplied by the District. Investments purchased with funds on deposit in the Lease Payment Fund and Prepayment Fund shall mature not later than the Certificate Payment Date or prepayment date, as appropriate, immediately succeeding the investment. Investments purchased with funds on deposit in the Project Fund shall not mature later than the dates upon which such funds shall be needed to be expended for the payment of Delivery Costs or Project Costs.
By Trustee. Notwithstanding any of the terms of the Bond Documents, the Trustee hereby acknowledges (i) that it has received copies of all Financing Documents and hereby consents to the execution and delivery of the same by the Company and (ii) agrees that the execution and delivery of the Financing Documents by the Company shall not constitute a breach or Event of Default under the SW Facility Bond Documents and waives any Event of Default the execution and delivery of the Financing Documents may have otherwise caused under the SW Facility Bond Documents. Trustee agrees that it shall not contest the validity, perfection, priority, or enforceability of any Lien, security interest, encumbrance, or claim granted by the Company to any Party under any Financing Document.
By Trustee. (i) if any material representation or warranty of Buyer made herein or in any certificate, document or instrument delivered by Buyer hereunder is untrue or incomplete in any respect and such breach is not cured within 10 Business Days of Buyer's receipt of written notice from Trustee that such breach exists or has occurred;
By Trustee. If any Brooke Party fails to comply with subsection (a) above, such Brooke Party authorizes the Trustee for the benefit of the Noteholders and the other Secured Parties to file financing or continuation statements, and amendments thereto and assignments thereof, relating to all or any part of the Trust Estate in order to enable the Trustee, for the benefit of the Noteholders and the other Secured Parties to exercise its rights and remedies under this Master Trust Indenture. A photocopy or other reproduction of this Master Trust Indenture shall be sufficient as a financing statement where permitted by law. The Trustee will send to the Issuer any financing or continuation statements thereto which it files (but a failure to do so shall not affect the effectiveness of such statements).
By Trustee. Section 5.04. Remedies.................................................... 45 Section 5.05. Trustee May Enforce Claims Without Possession of Notes....................................................... 45 Section 5.06. Application of Proceeds..................................... 46 Section 5.07.
