Common use of Trustee’s Powers Clause in Contracts

Trustee’s Powers. Subject to the provisions of Section 8 hereof, the Trustee shall have the following powers, rights, and duties in addition to those vested in it elsewhere in this Trust Agreement or by law, which shall be exercised upon direction of the Company or by the Trustee itself pursuant to a separate written agreement appointing the Trustee as an investment manager: (a) to purchase or subscribe for any securities or other property; (b) to sell, exchange, mortgage, or lease any of the assets of the Trust fund; (c) to make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (d) to vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith, and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities, or other property held in the Trust fund; (e) to hold securities in the name of any one or more nominees and to deposit securities with stock clearing corporations or depositaries; (f) to settle, compromise, adjust, or submit to arbitration any and all claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal proceedings whenever, in the judgment of the Trustee, any interests of the Trust require it, and to represent the Trust in all suits or legal proceedings in any court of law or equity or before any other body or tribunal; (g) to delegate, if properly directed in writing by the Company, any of the Trustee's functions under this Trust Agreement; (h) to perform all acts which the Trustee shall deem necessary or appropriate and exercise any and all powers and authority of the Trustee under this Trust Agreement; (i) to keep any portion of the Trust fund in cash (cash received or held by the Trustee shall be deposited by the Trustee in its own savings deposit accounts, in a liquid money market account selected by the Trustee, or in the savings deposit accounts of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the separate subtrusts within the Trust (separate accounting to be for such purposes, among others, as recording: contributions and income thereon by Employers, allocations between various Plans, and allocations among specific individuals participating in Plans). Section 10.

Appears in 1 contract

Samples: Trust Agreement

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Trustee’s Powers. Subject to The Trustees, without any action or consent, by the provisions of Section 8 hereofBeneficiary, the Trustee shall have and may exercise at any time the following powers, rights, powers and duties in addition to those vested in it elsewhere in this Trust Agreement or by law, which shall be exercised upon direction of the Company or by the Trustee itself pursuant to a separate written agreement appointing the Trustee as an investment managerauthorities: (a) To hold and continue to purchase or subscribe for hold as an investment the property, of any additional property which may be received by them, so long as' they deem proper, and to invest, acquire and reinvest in any securities or other property, whether or not income--producing, deemed bY them to be for the best interest of the Trust and the Beneficiary; (b) to sell, exchange, mortgage, To rent or lease any of the assets property of the Trust fundfor the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and proper; (c) To sell and convey any of the property of the Trust or any interest, or to makeexchange it for other property, execute, acknowledge, for the price or prices and deliver any upon the terms as in their discretion and all documents of transfer and conveyance and any and all other instruments that judgment may be necessary or appropriate to carry out deemed for the powers herein grantedbest interest of the Trust and the Beneficiary; (d) To make all repairs and improvements at any time deemed necessary and proper to and upon real property constituting a part of the Trust; (e) To deduct, retain. expend, and payout of any money belonging to the Trust any and all necessary and proper expenses in connection with the operation and conduct of the Trust; (f) To vote upon all securities belonging to the Trust, and to become a party to any stocksstockholders' agreements deemed advisable by them in connection with the securities; (g) To consent to the reorganization, bondsconsolidation, merger, liquidation, readjustment of, or other securitieschange in any corporation, company, or association; to give general (h) To compromise, settle, arbitrate, or special proxies defend any ·claim or powers demand in favor of or against the Trust; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney with or without power duly executed by the Trustees, in carrying out any of substitutionthe authorized powers and duties; to exercise (k) To borrow money for any conversion privileges, subscription rightspurposes of the Trust, or other options incidental to their administration, upon their bond or promissory note as trustees, and to make secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any payments part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest of the Trust and the Beneficiary; (m) To engage in business with the property of the Trust as sole proprietor, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewithwith the administration of the Trust shall be apportioned as between corpus and income; (o) The , and generally to exercise Trustees may freely act under all or any of the powers of an owner with respect .by this Trust Agreement given to stocks, bonds, securities, or other property held them in the Trust fund; (e) to hold securities in the name of any one or more nominees and to deposit securities with stock clearing corporations or depositaries; (f) to settle, compromise, adjust, or submit to arbitration any and all claims, debts or damages due or owing to or from matters concerning the Trust, after forming their judgment based upon all the . circumstances of any particular situation as to commence or defend suits or legal proceedings whenever, the wisest and best course to pursue in the judgment of the Trustee, any interests . interest of the Trust require itand the Beneficiary, without the necessity of obtaining the consent or permission of any interested person. or the consent or approval of any court The powers . granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to represent the Trust in all suits or legal proceedings in any court of law or equity or before any other body or tribunal; (g) be supplementary to delegate, if properly directed in writing by the Company, any and riot exclusive' of the Trustee's functions under this Trust Agreement; (h) general powers of trustees pursuant to perform all acts which the Trustee law, and shall deem necessary or appropriate and exercise any and include all powers and authority of the Trustee under this Trust Agreement; (i) necessary to keep any portion of the Trust fund in cash (cash received or held by the Trustee shall be deposited by the Trustee in its own savings deposit accounts, in a liquid money market account selected by the Trustee, or in the savings deposit accounts of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the separate subtrusts within the Trust (separate accounting to be for such purposes, among others, as recording: contributions and income thereon by Employers, allocations between various Plans, and allocations among specific individuals participating in Plans). Section 10.carry them into effect

Appears in 1 contract

Samples: Credit Agreement (Kimco Realty Corp)

Trustee’s Powers. Subject The Trustees shall, in addition to the provisions of Section 8 hereofpowers otherwise conferred upon them by law, the Trustee shall have the following powers: - to apply and invest all moneys at any time forming part of the Trust Fund in any such investments, rightswhether involving liabilities or not, or upon person credit, with or without security, and duties upon such terms and conditions as the Trustees shall in addition their absolute discretion think fit and to those vested the intent that the Trustees should have the same powers in all respects as if it elsewhere in this Trust Agreement or by law, which shall be exercised upon direction were the absolute and beneficial owner of the Company Trust Fund; to make or by purchase any such investments for cash or in consideration of an annuity or otherwise and upon such terms and conditions as the Trustee itself pursuant Trustees shall in their absolute discretion think fit and to a separate written agreement appointing make or purchase any such investment for as um greater than the Trustee as an investment manager: (a) amount of the Trust Fund for the time being and to purchase or subscribe agree to pay for any securities such investment wholly or in part from any future moneys which may come into the Trustees’ hands including dividends, profits, interest and other propertyincome paid or payable in respect of any such investment; (b) to sell, exchangecall in, convert into money, grant options or rights to purchase, mortgage, charge, sub-charge, carry on business, or lease otherwise deal with, dispose of or transfer any item or asset comprising the whole or part of the Trust Fund or otherwise held by the Trustees under the terms of the Trust for such consideration and on such terms as in its discretion it may think fit as if the Trustees were the absolute and beneficial owner of the Trust Fund; to advance or lend moneys forming part of the Trust Fund, or give credit to any person or company on such terms as the Trustees may decide, in particular without limiting the generality of the foregoing, to a beneficiary, or person having an interest in or the holder of an office in the Trustees and the lending or giving of credit may be made at call or for a period of time and may be made at a rate of interest or at no interest, and may involve taking of security in any form or without security; to raise or borrow moneys either alone or jointly with another or others, from any person including a firm or company, either bearing or free of interest and on terms and for purposes as the Trustees may decide, and to secure the repayment of any moneys or other indebtedness by mortgage, charge or other security or encumbrance over the whole or part of the Trust Fund as the Trustees may decide or to have the repayment secured over property of a third party which may include property of the Trustees or a beneficiary, whether the third party collateral security is given alone or jointly with property of the Trust Fund and no lender is required to inquire as to whether the necessity for the borrowing has arisen or as to the purpose for which it is required, or as to the application of moneys borrowed; to draw, endorse, accept, guarantee or be a party in any way to a commercial xxxx or other xxxx of exchange, promissory note, letter of credit, hypothecation or other facility involving the raising, borrowing or lending of moneys by or to the Trustees; to pay out of the Trust Fund or the income thereof all costs, charges and expenses incidental to the management of the Trust Fund or to the exercise of any power, authority or discretion herein contained or in carrying out or performing the trusts hereof which the Trustees may at any time incur including all income tax or other taxes payable in respect of the Trust Fund, costs in any way connected with the preparation and execution of these presents, and all moneys which the Trustees may be required to pay as settlement, gift, probate estate stamp or revenue duties in respect of the Trust Fund or this Deed; to exercise all rights and privileges, perform all duties and to do all such acts, matters and things pertaining to any shares, stock or debentures in any corporation as if the Trustees were the absolute and beneficial owner of the shares, stock or debentures or was personally interested or concerned in the corporation and, in particular without limiting the generality of the foregoing: - pay calls on any shares or to permit any shares of the company to be forfeited and sold; purchase any further shares, stock, debentures or investments and to take up any shares, stock debentures or investments of a new issue of the company; lend money to the company whether secured by debentures or in any other way or not secured and at such rate of interest and upon such terms as the Trustees think fit; hold any shares, stock or debentures or investments held by the Trustees at such price as the Trustees think fit (whether or not the price is less than the sum that appears from the accounts of the company to be the value of the shares, stock, debentures or investments) and upon such terms, with or without security, as the Trustees think fit; to procure the issue by any banker of: - letters of credit; or performance guarantees; to assist the Trustees in the course of any trade or business carried on by the Trustees at such rate of interest and upon such terms and conditions as the Trustees thinks fit; to establish, promote or acquire any company or companies or join in the promotion, establishment or acquisition of any company or companies; to appoint any person as the representative or attorney of the Trustees for the purpose of executing any document which the Trustees are permitted or authorised to execute by this Deed or by law and to revoke any appointment; to authorise any person to act as its agent or delegate to hold any investment being part of the Trust Fund as custodian and to perform any act or exercise any discretion within the Trustees’ power including the power to appoint in turn its own agent or delegate. The appointment may be in respect of more than one delegate or severally and may include provisions to protect those dealing with the agent or delegate; to open any account or accounts with any bank or banks credit union building society and other financial institutions and to operate by, and in all usual ways, any such account or accounts and if thought fit to delegate to any person the authority to sign cheques and operate upon the account without the person being liable or responsible for any loss resulting therefrom; to give effectual receipts and discharges for any moneys received by or on behalf of the Trustees or otherwise relating to any of the assets acts, matters and things provided for in this Deed; to take such action as the Trustees shall think fit for the adequate protection of any part or parts of the Trust fund; (c) Fund and to make, execute, acknowledge, and deliver any and do all documents of transfer and conveyance and any and all such other instruments that things as may be necessary or appropriate incidental to carry out the exercise of the powers herein grantedand authorities conferred on the Trustees by this Deed; (d) to vote upon any stockspower, bonds, or other securities; to give general or special proxies or powers of attorney whether with or without power security and whether alone or jointly or severally or both jointly and severally with any other person, to guarantee, indemnify, secure by way of substitutionmortgage, charge or otherwise over the whole or part of the Trust Fund or undertake in any way the payment or repayment of money or debts (including any interest whether existing or to accrue) previously or then lent or to be advanced or any existing or future duties, undertakings, liabilities or obligations incurred or which may at any future time be incurred by any person whether a beneficiary or not and to guarantee, indemnify or secure, with or without security, the due performance of any contract, agreement, covenant or obligation of any person whether a beneficiary or not; to mix the Trust Fund including its income and any other moneys held from time to time by the Trustees pursuant to these trusts with other moneys held by the Trustees pursuant to any provision of this deed or under any other trust and: - to invest the moneys so mixed in any investment, property, interest, arrangement or business or in any other mode or manner in which the Trustee may by law or by this deed be empowered to invest the Trust Fund; to exercise any conversion privilegesall powers, subscription rights, authorities and discretions with respect to the mixed fund which the Trustees are by this Deed or other options by law authorised to exercise with respect to the Trust Fund; and to make arrangements with respect to the moneys and their investment with any payments incidental theretoother person as the Trustee would be authorised or empowered by law or by this Deed to make or enter into; notwithstanding any rule of law to the contrary, to acquire as property of the Trust Fund real or personal property the beneficial interest in which is at the date of acquisition the absolute property of the Trustees in their own right or as trustee of another fund provided that any property so acquired is acquired for a consideration being not greater than the current market value of the property and upon acquisition the beneficial interest in the property will be held by the Trustees upon the trusts contained in this Deed; to consent to determine whether real or otherwise participate personal property, or any increase or decrease in corporate reorganizations value of any property, or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments receipts or charges payments from, for or in connection therewithwith real or personal property, is to be treated as and credited or debited to capital or to income of the Trust Fund and generally to exercise determine all matters as to which any doubt may arise in relation to the execution of the Trust and powers of the Trust and every determination of the Trustees in relation to any of these matters, whether upon a question formally or actually raised or implied in any of the powers acts or proceedings of an owner with respect the Trustees in relation to stocks, bonds, securities, or other property held in the Trust fundFund, binds all interested parties and may not be objected to on any ground; (e) to hold securities appropriate in the name of any one or more nominees and to deposit securities with stock clearing corporations or depositaries; (f) to settle, compromise, adjust, or submit to arbitration any and all claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal proceedings whenever, in the judgment of the Trustee, any interests of the Trust require it, and to represent the Trust in all suits or legal proceedings in any court of law or equity or before any other body or tribunal; (g) to delegate, if properly directed in writing by the Company, any of the Trustee's functions under this Trust Agreement; (h) to perform all acts which the Trustee shall deem necessary or appropriate and exercise any and all powers and authority of the Trustee under this Trust Agreement; (i) to keep specie any portion of the Trust fund Fund, or any investment to or towards the share or entitlement of a beneficiary and to charge the share or entitlement with a sum of money by way of equality as the Trustee may think fit and for these purposes the Trustees may fix the value of any real or personal property forming part of the Trust Fund and the appropriation, charge and valuation will be binding on all persons who may at any time be entitled to any interest in cash (cash received the Trust Fund; and by irrevocable deed to renounce and release any power conferred on the Trustees under the Trust in respect of the whole or held part of the Trust Fund or the income and upon the renunciation and release coming into effect, the power is to be taken to be at an end and no longer exercisable by the Trustees to the extent of the renunciation and release; take and act on the opinion of a barrister practising in Australia in relation to the interpretation or effect of this Deed or any of the trusts or powers of this Deed without responsibility for any loss or error resulting from doing so, but this provision does not stop the Trustee shall be deposited from applying to a court of competent jurisdiction; employ and pay or provide any benefit for any employee without being responsible for the default of the employee or for any loss occasioned by the Trustee employment; engage and pay any agent, contractor or professional person without being responsible for the default of the agent, contractor or employee or for any loss occasioned by the engagement; to receive property or any further settlement sums by gift inter vivos or by will or under the provisions of any other trust or trusts otherwise and either from the Settlor or from any other person or persons as additions to the Trust Fund and to hold the same upon the trusts herein set forth and to administer such additions under the provisions of this Deed and for the benefit of persons gifting further settlement sums to the Trust Fund the Trustees confirm in consideration of such gift to hold the settlement sum upon trusts herein set forth and to administer the addition under the provisions of this Deed; decline or otherwise refuse to accept as part of the Trust Fund any gift (by will or otherwise), donation, settlement or other disposition in money, moneys worth or property; do all other things incidental to the exercise of the Trustees’ powers under this Deed.” Clause 7 The Trust Deed is amended by deleting the entirety of clause 7. Clause 8 The Trust Deed is amended by deleting the entirety of clause 8 and inserting the following clause in its own savings deposit accounts, in a liquid money market account selected by the Trustee, or in the savings deposit accounts of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the separate subtrusts within the Trust (separate accounting to be for such purposes, among others, as recording: contributions and income thereon by Employers, allocations between various Plans, and allocations among specific individuals participating in Plans). Section 10.place:

Appears in 1 contract

Samples: acncpubfilesprodstorage.blob.core.windows.net

Trustee’s Powers. Subject The Trustee shall have all the powers, rights and privileges as may be required and reasonably necessary to perform, accomplish and comply with the provisions duties, obligations and undertakings required or permitted by this Indenture to be made, kept and performed by the Trustee. Further, in case of Section 8 hereofany receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition, or other similar judicial proceedings affecting the Company, any other obligor on the Notes, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the following powers, rights, court and duties in addition to those vested in it elsewhere in this Trust Agreement or by law, which shall be exercised upon direction entitled to file such proofs of the Company or by the Trustee itself pursuant to a separate written agreement appointing the Trustee claim and other papers and documents as an investment manager: (a) to purchase or subscribe for any securities or other property; (b) to sell, exchange, mortgage, or lease any of the assets of the Trust fund; (c) to make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate advisable in order to carry out have the powers herein granted; (d) claims of the Trustee and of the Noteholders allowed in any judicial proceeding relative to vote upon any stocks, bondsthe Company, or any other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rightsobligor on the Notes, or its creditors or its property, for the entire amount due and payable by the Company or such other options obligor under the Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company or such other obligor after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under SECTION 8.06; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the Noteholders to make any such payments incidental thereto; to the Trustee, and, in the event that the Trustee shall consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and the making of such payments directly to delegate discretionary powers and the Noteholders, to pay to the Trustee any assessments amount due to it under SECTION 8.06. All rights of action and of asserting claims under this Indenture, or charges in connection therewith, and generally to exercise under any of the powers of an owner with respect to stocksNotes, bonds, securities, or other property held in the Trust fund; (e) to hold securities in the name of any one or more nominees and to deposit securities with stock clearing corporations or depositaries; (f) to settle, compromise, adjust, or submit to arbitration any and all claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal proceedings whenever, in the judgment of the Trustee, any interests of the Trust require it, and to represent the Trust in all suits or legal proceedings in any court of law or equity or before any other body or tribunal; (g) to delegate, if properly directed in writing may be enforced by the Company, Trustee without the possession of any of the Trustee's functions under this Trust Agreement; (h) to perform all acts which Notes, or the Trustee shall deem necessary production thereof at any trial or appropriate other proceeding relative thereto, and exercise any and all powers and authority of the Trustee under this Trust Agreement; (i) to keep any portion of the Trust fund in cash (cash received such suit or held proceeding instituted by the Trustee shall be deposited by the Trustee brought in its own savings deposit accountsname as trustee of an express trust, and any recovery of judgment shall be for the pro rata benefit of the holders of the Notes then Outstanding issued under the terms of this Indenture and supplements thereto. In case of a Default or Event of Default hereunder, the Trustee may in a liquid money market account selected its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the TrusteeTrustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the savings deposit accounts of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the separate subtrusts within the Trust (separate accounting to be for such purposes, among others, as recording: contributions and income thereon Trustee by Employers, allocations between various Plans, and allocations among specific individuals participating in Plans). Section 10this Indenture or by law.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Energysouth Inc)

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Trustee’s Powers. Subject The Trustee shall have all the powers, rights and privileges as may be required and reasonably necessary to perform, accomplish and comply with the provisions duties, obligations and undertakings required or permitted by this Indenture to be made, kept and performed by the Trustee. Without limiting the foregoing, the Trustee, its assigns and its legal representatives shall have all the remedies of Section 8 hereofa secured party under the Uniform Commercial Code and such further rights and remedies as from time to time may hereafter be provided in any relevant jurisdiction for a secured party. Further, in case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition, or other similar judicial proceedings affecting the Company, any other obligor on the Notes, or the property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the following powers, rights, court and duties in addition to those vested in it elsewhere in this Trust Agreement or by law, which shall be exercised upon direction entitled to file such proofs of the Company or by the Trustee itself pursuant to a separate written agreement appointing the Trustee claim and other papers and documents as an investment manager: (a) to purchase or subscribe for any securities or other property; (b) to sell, exchange, mortgage, or lease any of the assets of the Trust fund; (c) to make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate advisable in order to carry out have the powers herein granted; (d) claims of the Trustee and of the holders of the Notes allowed in any judicial proceeding relative to vote upon any stocks, bondsthe Company, or any other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rightsobligor on the Notes, or its property, for the entire amount due and payable by the Company or such other options obligor under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company or such other obligor after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 8.06; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Notes to make any such payments incidental thereto; to the Trustee, and, in the event that the Trustee shall consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and the making of such payments directly to delegate discretionary powers and the holders of the Notes pursuant to the terms of this Indenture, to pay to the Trustee any assessments amount due to it under Section 8.06. All rights of action and of asserting claims under this Indenture, or charges in connection therewith, and generally to exercise under any of the powers of an owner with respect to stocksNotes, bonds, securities, or other property held in the Trust fund; (e) to hold securities in the name of any one or more nominees and to deposit securities with stock clearing corporations or depositaries; (f) to settle, compromise, adjust, or submit to arbitration any and all claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal proceedings whenever, in the judgment of the Trustee, any interests of the Trust require it, and to represent the Trust in all suits or legal proceedings in any court of law or equity or before any other body or tribunal; (g) to delegate, if properly directed in writing may be enforced by the Company, Trustee without the possession of any of the Trustee's functions under this Trust Agreement; (h) to perform all acts which Notes, or the Trustee shall deem necessary production thereof on any trial or appropriate other proceeding relative thereto, and exercise any and all powers and authority of the Trustee under this Trust Agreement; (i) to keep any portion of the Trust fund in cash (cash received such suit or held proceeding instituted by the Trustee shall be deposited by the Trustee brought in its own savings deposit accountsname as trustee of an express trust, in a liquid money market account selected by the Trustee, or in the savings deposit accounts and any recovery of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the separate subtrusts within the Trust (separate accounting to judgment shall be for such purposes, among others, as recording: contributions the pro rata benefit of the holders of the Notes then Outstanding issued under the terms of this Indenture and income thereon by Employers, allocations between various Plans, and allocations among specific individuals participating in Plans). Section 10supplements thereto.

Appears in 1 contract

Samples: Indenture, Assignment and Security Agreement (Tc Pipelines Lp)

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