Discretion as to Execution of Documents Sample Clauses

Discretion as to Execution of Documents. Prior to executing any document required to be executed by it pursuant to the terms of Section 10.01 hereof, the Owner Trustee shall be entitled to receive an opinion of its counsel to the effect that the execution of such document is authorized hereunder. If in the opinion of the Owner Trustee any such document adversely affects any right, duty, immunity or indemnity in favor of the Owner Trustee hereunder or under any other Operative Document to which the Owner Trustee is a party, the Owner Trustee may in its discretion decline to execute such document.
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Discretion as to Execution of Documents. If in the --------------------------------------- opinion of the Owner Trustee any document required to be executed pursuant to the terms of Section 10.01 adversely affects any right, duty, immunity or indemnity in favor of the Owner Trustee hereunder or under any other Operative Agreement to which the Owner Trustee is a party, the Owner Trustee may in its discretion decline to execute such document unless Owner Trustee is furnished with indemnification from Lessee or any other party upon terms and in amounts reasonably satisfactory to Owner Trustee to protect the Trust Estate and Owner Trustee against any and all liabilities, costs and expenses arising out of the execution of such documents.
Discretion as to Execution of Documents. If in the opinion of Owner Trustee any document required to be executed pursuant to the terms of Section 10.01 adversely affects any right, duty, immunity or indemnity in favor of Trust Company or Owner Trustee hereunder or under any other Operative Document, Owner Trustee may in its discretion decline to execute such document.
Discretion as to Execution of Documents. Prior to executing any document required to be executed by it pursuant to the terms of Section 10.01 hereof, the Owner Trustee shall be entitled to receive an opinion of its counsel to the effect that the execution of such document is authorized hereunder. If in the opinion of the Owner Trustee any document required to be executed by the Owner Trustee pursuant to the terms of Section 10.01 hereof adversely affects any right, duty, immunity or indemnity in favor of the Owner Trustee hereunder or under any other Operative Agreement to which the Owner Trustee is a party, the Owner Trustee may in its discretion decline to execute such document.
Discretion as to Execution of Documents. Prior to executing any document required to be executed by it pursuant to the terms of Section 10.1 hereof, the Litigation Trustee shall be entitled to receive an opinion of its counsel reasonably acceptable to the Litigation Trustee to the effect that the execution of such document is authorized hereunder and that the conditions set forth in Section 10.1 have been satisfied. If in the reasonable opinion of the Litigation Trustee any such document adversely affects any right, duty, immunity or indemnity in favor of the Litigation Trustee hereunder, the Litigation Trustee may in its discretion decline to execute such document.
Discretion as to Execution of Documents. If in the reasonable opinion of any Trustee any document required to be executed by it pursuant to the terms of Section 9.1 materially and adversely affects any right, duty, immunity or indemnity in favor of such Trustee hereunder or under any other Operative Document to which such Trustee is a party, then such Trustee may in its discretion decline to execute such document. If, in the reasonable opinion of any Trustee any instrument required to be so executed adversely affects any right, duty or liability of, or immunity or indemnity in favor of such Trustee under this Agreement or any of the other Operative Documents to which the Trust is now or hereafter a party, or would cause or result in any conflict with or breach of any terms, conditions or provisions of, or default under, such Trustee's charter documents or by-laws or any document contemplated hereby to which such Trustee is a party, then such Trustee may decline to execute such instrument, unless such Trustee shall have been provided by the Owner an indemnity satisfactory to such Trustee.
Discretion as to Execution of Documents. If in the --------------------------------------- reasonable opinion of the Owner Trustee any document required to be executed pursuant to the terms of Section 11.1 (i) adversely affects any right, duty, - immunity, or indemnity in favor of the Owner Trustee hereunder or under any other Operative Document to which the Owner Trustee is a party or (ii) would -- cause or result in any conflict with or any breach of any term, condition or provision of, or default under, its charter documents or by-laws or any document contemplated hereby to which it is a party, the Owner Trustee may in its discretion decline to execute such document.
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Discretion as to Execution of Documents. Prior to executing any document required to be executed by it pursuant to the terms of Section 10.01, Owner Trustee shall be entitled to receive an opinion of its counsel to the effect that the execution of such document is authorized hereunder. If in the reasonable opinion of Owner Trustee any such document materially adversely affects any right, duty, immunity or indemnity in favor of Owner Trustee hereunder or under any other Operative Agreement to which Owner Trustee is a party, Owner Trustee may in its discretion decline to execute such document and shall incur no liability to anyone as a result thereof.
Discretion as to Execution of Documents. Prior to executing any document required to be executed by it pursuant to the terms of Section 9.01 hereof, the Trust Company shall be entitled to receive (at no expense to the Trust Company) an opinion of counsel reasonably acceptable to the Trust Company or its counsel to the effect that the execution of such document is authorized hereunder and that the conditions set forth in Section 9.01 have been satisfied. If in the reasonable opinion of the Trust Company or its counsel any such document adversely affects any right, duty, immunity or indemnity in favor of any Owner Trustee Indemnitee hereunder or under any other Operative Document, the Trust Company may in its discretion decline to execute such document; provided, however, that, the Trust Company shall give prompt written notice that it has made such a determination to the Owner Participant.

Related to Discretion as to Execution of Documents

  • Execution of Documents, Etc (a) Actions by each Fund. Upon request, each Fund shall execute and deliver to the Custodian such proxies, powers of attorney or other instruments as may be reasonable and necessary or desirable in connection with the performance by the Custodian or any Subcustodian of their respective obligations to such Fund under this Agreement or any applicable subcustodian agreement with respect to such Fund, provided that the exercise by the Custodian or any Subcustodian of any such rights shall in all events be in compliance with the terms of this Agreement.

  • Execution of Documents Unless otherwise specified, all Credit Documents and all other certificates executed in connection therewith must be signed by a Responsible Officer.

  • Certification of Documents The required copy of the Agreement and Declaration of Trust of Fund and copies of all amendments thereto will be certified by the appropriate official of The Commonwealth of Massachusetts; and if such Agreement and Declaration of Trust and amendments are required by law to be also filed with a county, city or other officer or official body, a certificate of such filing will appear on the certified copy submitted to Service Company. A copy of the order or consent of each governmental or regulatory authority required by law for the issuance of Fund shares will be certified by the Secretary or Clerk of such governmental or regulatory authority, under proper seal of such authority. The copy of the Bylaws and copies of all amendments thereto and copies of resolutions of the Board of Trustees of Fund will be certified by the Secretary or an Assistant Secretary of Fund.

  • Possession of Documents The Servicer has in its possession all original copies of the agreements that constitute or evidence the Receivables. The agreements that constitute or evidence the Receivables do not have any marks or notations indicating that they have been pledged, assigned or otherwise conveyed to any Person other than the Indenture Trustee. All financing statements filed or to be filed against the Issuer in favor of the Indenture Trustee in connection herewith describing the Receivables contain a statement to the following effect: "A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Indenture Trustee."

  • Precedence of Documents To the extent of any inconsistency between any of the documents forming part of this Agreement, those documents will be interpreted in the following order of priority:

  • Incorporation of Documents The documents listed below in this Section IID are hereby incorporated by reference and fully made a part of the Contract. This Contract and the incorporated documents describe the subject of the Procurement, the particulars of its performance, the process and time for payment, and the rights and remedies of the parties (collectively, “the terms”). In case of any conflict between those documents’ terms, the documents shall be given precedence in the following order, from highest to lowest:

  • Inspection of Documents Consulting Engineer/Architect shall maintain all Project records for inspection by City during the contract period and for three (3) years from the date of final payment.

  • Retention of Documents The Registrar shall retain copies of all letters, notices and other written communications received pursuant to this Article II. The Company shall have the right to inspect and make copies of all such letters, notices or other written communications at any reasonable time upon the giving of reasonable written notice to the Registrar.

  • Provision of Documents The Company will furnish, at its own expense, to the Underwriters and counsel for the Underwriters copies of the Registration Statement (three of which will be signed and will include all consents and exhibits filed therewith), and to the Underwriters and any dealer each Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus, any issuer free writing prospectus and all amendments and supplements to such documents, in each case as soon as available and in such quantities as you may from time to time reasonably request.

  • Reproduction of Documents This Agreement and all schedules, exhibits, attachments and amendments hereto may be reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic or other similar process. The parties hereto each agree that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding, whether or not the original is in existence and whether or not such reproduction was made by a party in the regular course of business, and that any enlargement, facsimile or further reproduction shall likewise be admissible in evidence.

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