Notes Trustee Clause Samples

Notes Trustee. 8 Obligations................................... 8

Notes Trustee. In acting under and in accordance with this Agreement a Notes Trustee shall act in accordance with the relevant Notes Indenture and shall seek any necessary instruction from the relevant Noteholders, to the extent provided for, and in accordance with, the relevant Notes Indenture, and where it so acts on the instructions of the relevant Noteholders, a Notes Trustee shall not incur any liability to any person for so acting other than in accordance with the relevant Notes Indenture. Furthermore, prior to taking any action under this Agreement or the relevant Debt Documents, as the case may be, the relevant Notes Trustee may reasonably request and rely upon an opinion of counsel or opinion of another qualified expert, at the Parent’s expense, as applicable; provided, however, that any such opinions shall be at the expense of the relevant Noteholders, if such actions are on the instructions of the relevant Noteholders.

Notes Trustee. In acting under and in accordance with this Agreement a Pari Passu Notes Trustee shall act in accordance with the relevant Pari Passu Notes Indenture and shall seek any necessary instruction from the relevant Pari Passu Noteholders, to the extent provided for, and in accordance with, the relevant Pari Passu Notes Indenture, and where it so acts on the instructions of the relevant Pari Passu Noteholders, a Pari Passu Notes Trustee shall not incur any liability to any person for so acting other than in accordance with the relevant Pari Passu Notes Indenture. Furthermore, prior to taking any action under this Agreement or the relevant Debt Documents, as the case may be, the relevant Pari Passu Notes Trustee may reasonably request and rely upon an opinion of counsel or opinion of another qualified expert, at the Parent’s expense, as applicable; provided, however, that any such opinions shall be at the expense of the relevant Pari Passu Noteholders, if such actions are on the instructions of the relevant Pari Passu Noteholders.

Notes Trustee. KDG shall procure that, prior to the issue of any Notes, any entity which is appointed or acting as trustee in relation to those Notes will become a party to this Deed as the Notes Trustee by executing and delivering to the Security Agent a duly completed Deed of Accession.

Notes Trustee