SUPPLEMENT TO TRUSTEE ACTS Clause Samples
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SUPPLEMENT TO TRUSTEE ACTS. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Trustee in relation to the trusts constituted by these presents. Where there are any inconsistencies between the Trustee Acts and the provisions of these presents, the provisions of these presents shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Act 2000, the provisions of these presents shall constitute a restriction or exclusion for the purposes of that Act. The Trustee shall have all the powers conferred upon trustees by the Trustee Acts and by way of supplement thereto it is expressly declared as follows:
(a) The Trustee may in relation to these presents act on the advice or opinion of or any information obtained from any auditor (including, without limitation, the Auditors), lawyer, valuer, accountant, surveyor, banker, broker, auctioneer or other expert considered by the Trustee to be of good repute whether obtained by the relevant Issuer, the Guarantor, the Trustee or otherwise and shall not be responsible for any Liability occasioned by acting on any such advice, opinion or information. The Trustee may rely without liability to Noteholders or Couponholders on any certificate or report prepared by any expert pursuant to, in accordance with or for the purposes of these presents, and may accept such certificate or report as sufficient evidence of the facts stated therein, whether or not addressed to the Trustee. The Trustee may rely on certificates or reports from any expert whether or not any such certificate or report or any engagement letter or other document entered into by the Trustee and the expert in connection therewith contains any monetary or other limit on the liability of the expert.
(b) Any such advice, opinion or information may be sent or obtained by letter, facsimile transmission or electronic mail and the Trustee shall not be liable for acting in good faith on any advice, opinion or information purporting to be conveyed by any such letter, facsimile transmission or electronic mail although the same shall contain some error or shall not be authentic.
(c) The Trustee may call for and shall be at liberty to accept as sufficient evidence of any fact or matter or the expediency of any transaction or thing a certificate signed by two Directors of the relevant Issuer or two Directors of the Guarantor and the Trustee shall not be bound in any such case to call for further evidence or be responsible for any Liability t...
SUPPLEMENT TO TRUSTEE ACTS. It is hereby agreed that Clause 10 (Supplement to Trustee Acts) of the Current Issuer Trust Deed shall be incorporated in and shall apply, mutatis mutandis, to this Current Issuer Deed of Charge (and for that purpose references therein to "these presents" or to "this Deed" shall be construed as references to this Current Issuer Deed of Charge) provided that for the purposes of Clause 10.3(q) of the Current Issuer Trust Deed at any time after the redemption in full of the Current Issuer Notes, the Note Trustee shall have regard to the interests of the Current Issuer Secured Creditor which ranks next highest under the Current Issuer Post-Enforcement Priority of Payment.
SUPPLEMENT TO TRUSTEE ACTS. The Note Trustee shall have all powers conferred upon trustees by the Trustees ▇▇▇ ▇▇▇▇ and by way of supplement to the Trustee Acts and subject to Clause 14, it is expressly declared as follows (which provisions shall, except as expressly provided in this Clause 12, be in lieu of the provisions contained in section 315(a) of the TIA):
SUPPLEMENT TO TRUSTEE ACTS. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Trustee in relation to the trusts constituted by these presents. Where there are any in consistencies between the Trustee Acts and the provisions of these presents, the provisions of these presents shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee ▇▇▇ ▇▇▇▇, the provisions of these presents shall constitute a restriction or exclusion for the purposes of that Act. The Note Trustee shall have all the powers conferred upon trustees by the Trustee ▇▇▇ ▇▇▇▇ of England and Wales and by way of supplement thereto it is expressly declared as follows (which provisions, except as expressly provided in this Clause 15, shall be in lieu of the provisions contained in section 315(a) of the Trust Indenture Act):
SUPPLEMENT TO TRUSTEE ACTS. Note Trustee's Liability.......................................................................35 14.
SUPPLEMENT TO TRUSTEE ACTS the Trustee Act 2000 shall not apply to the duties of the Trustee in relation to the trusts constituted by these presents. Where there are any inconsistencies between the Trustee Acts and the provisions of these presents, the provisions of these presents shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee ▇▇▇ ▇▇▇▇, the provisions of these presents shall constitute a restriction or exclusion for the purposes of that Act. The Trustee shall have all the powers conferred upon trustees by the Trustee Acts and by way of supplement thereto it is expressly declared as follows:
SUPPLEMENT TO TRUSTEE ACTS. 32 16. Appointment, Removal and Retirement..................................41
SUPPLEMENT TO TRUSTEE ACTS. The rights, powers, duties and obligations conferred or imposed upon the Receivables Trustee by this Deed shall, unless otherwise specified herein or in any Supplement, be supplemental to any rights, powers, duties and obligations conferred or imposed upon the Receivables Trustee under the law generally and in particular the Trustee Act 1925 and the Trustee Act 2000.
SUPPLEMENT TO TRUSTEE ACTS. 15.1 Section 1 of the Trustees Act 2000 shall not apply to the duties of the Issuer Security Trustee in relation to the trusts constituted by this Deed. Where there are any inconsistencies between the Trustee Acts and the provisions of this Deed, the provisions of this Deed shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Act 2000, the provisions of this Deed shall constitute a ▇▇▇▇▇▇▇tion or exclusion for the purposes of that Act. The Issuer Security Trustee shall have all the powers conferred upon trustees by the Trustee Acts and by way of supplement thereto it is expressly declared as set out in the remaining provisions of this Clause 15 (Supplement to Trustee Acts).
SUPPLEMENT TO TRUSTEE ACTS. Section 1 of the Trustee Act 2000 shall not apply to the duties of the Note Trustee in relation to the trusts constituted by these presents. Where there are any inconsistencies between the Trustee Acts and the provisions of these presents, the provisions of these presents shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Act 2000, the provisions of these presents shall constitut▇ ▇ ▇▇▇▇riction or exclusion for the purposes of that Act (which provisions, except as expressly provided in this Clause 15, shall be in lieu of the provisions contained in section 315(a) of the Trust Indenture Act). The Note Trustee shall have all the powers conferred upon trustees by the Trustee Act 1925 of England and Wales and by way of supplement the▇▇▇▇ ▇▇ is expressly declared as follows: