Common use of Trustee Not Bound to Act Clause in Contracts

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ written notice to the Issuer provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) day period, then such resignation shall not be effective.

Appears in 3 contracts

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)

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Trustee Not Bound to Act. The Trustee shall retain have the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture Agreement has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ days written notice to the Issuer provided: other parties to this Agreement, provided that (ia) that the Trustee’s 's written notice shall describe the circumstances of such non-compliance; compliance and (iib) that if such circumstances are rectified to the Trustee’s 's satisfaction within such ten (10) day period, then such resignation shall not be effective.

Appears in 2 contracts

Samples: Exchange Agreement (Biotricity Inc.), Trust Agreement (Biotricity Inc.)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, acting reasonably, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days' written notice to the Issuer provided: other parties to this Indenture, provided (i) that the Trustee’s 's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s 's satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 2 contracts

Samples: Paying Agent (Molson Coors Brewing Co), Molson Coors Brewing Co

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-non- compliance with any applicable anti-money laundering or anti-anti- terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer Corporation provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 2 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture Agreement has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer provided: Lululemon and Exchangeco, provided that (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 2 contracts

Samples: Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Athletica Inc.)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislationlegislation or economic sanctions, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislationlegislation or economic sanctions, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer provided: Issuer, provided (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 2 contracts

Samples: Brookfield Renewable (Brookfield Renewable Partners L.P.), Brookfield Property Partners L.P.

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgmentjudgement, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgmentjudgement, determine at any time that its acting under this Indenture has resulted in its being in non-compliance noncompliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer Company provided: (i) that the Trustee’s 's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s 's satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Indenture (MFC Bancorp LTD)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgmentjudgement, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgmentjudgement, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer Corporation provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Collaboration and License Agreement (MIGENIX Inc.)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgmentjudgement, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgmentjudgement, determine at any time that its acting under this Indenture has resulted in its being in non-compliance noncompliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer Company provided: (iI) that the Trustee’s 's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s 's satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Blue Earth Refineries Inc.

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-non- compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer Corporation provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: webfiles.thecse.com

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-non- compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-anti- terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ written notice to the Issuer provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) day period, then such resignation shall not be effective.. 13.16

Appears in 1 contract

Samples: Indenture (BLACKBERRY LTD)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 30 days written notice to the Issuer provided: other parties to this Indenture, provided (i) that the Trustee’s written notice shall describe the circumstances of such non-non compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 30 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Note Indenture (Gryphon Gold Corp)

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Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 30 days written notice to the Issuer providedIssuer, notwithstanding the provisions of Section 11.4 of this Indenture, provided that: (ia) that the Trustee’s written notice shall describe the circumstances of such non-compliance; compliance and (iib) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 30 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-anti- money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer provided: other parties to this Indenture, provided (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: And Restated Indenture

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer provided: other parties to this Indenture, provided (ia) that the Trustee’s written notice shall describe the circumstances of such non-compliancenoncompliance; and (iib) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Kirkland Lake Gold Ltd.

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer provided: other parties to this Indenture, provided (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Great Basin Gold LTD

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgment, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgment, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer provided: other parties to this Indenture, provided (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Note Indenture (Gryphon Gold Corp)

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgmentjudgement, determines that such act might cause it to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgmentjudgement, determine at any time that its acting under this Indenture indenture has resulted in its being in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) days’ 10 days written notice to the Issuer Company provided: (i) that the Trustee’s 's written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s 's satisfaction within such ten (10) 10 day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Pan American Silver Corp

Trustee Not Bound to Act. The Trustee shall retain the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, the Trustee, in its sole judgmentacting reasonably, determines that such act might cause it to be in non-non- compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline. Further, should the Trustee, in its sole judgmentacting reasonably, determine at any time that its acting under this Indenture has resulted in its being in non-compliance with any applicable anti-anti- money laundering or anti-terrorist legislation, regulation or guideline, then it shall have the right to resign on ten (10) 10 days’ written notice to the Issuer Corporation provided: (i) that the Trustee’s written notice shall describe the circumstances of such non-compliance; and (ii) that if such circumstances are rectified to the Trustee’s satisfaction within such ten (10) -day period, then such resignation shall not be effective.

Appears in 1 contract

Samples: Odyssey Trust Company

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