Examples of Indenture Conferred Duties in a sentence
The Corporation shall be reimbursed by the Fund for all costs and expenses reasonably incurred by the Corporation in carrying out the Corporation's obligations and duties hereunder in connection with the provision and performance of the Indenture Conferred Duties.
The Corporation shall only be responsible for the Indenture Conferred Duties and the other duties and obligations expressly provided for in this Indenture and no other obligation or duty (fiduciary, as a trustee or otherwise) in respect to the Corporation shall be implied.
In no circumstances shall the Corporation be, or be deemed to be, a fiduciary or trustee for any person, whether or not a party hereto, in connection with the discharge by the Corporation of such Indenture Conferred Duties.
No other standard of care, other than as set forth in this Section 9.09, shall apply or be implied in relation to the performance of the Indenture Conferred Duties.
The parties agree that the Corporation shall perform the Indenture Conferred Duties as an independent contractor for and on behalf of the Fund (with its duties and obligations in respect thereto as expressly provided for herein), and it is acknowledged and agreed that only where the Corporation undertakes execution of contracts or other instruments for and on behalf of the Fund may the Corporation then be acting as an agent of the Fund.
The Corporation shall deliver to the Trustee within 100 days after the end of each calendar year and at any other time upon the reasonable demand of the Trustee, a certificate substantially in the form attached hereto as Schedule "A" signed by a senior officer of the Corporation stating that the Corporation has complied with all of the Indenture Conferred Duties contained in this Indenture or, if there has been a failure so to comply, giving particulars thereof.
In carrying out the Indenture Conferred Duties, the Corporation may execute and deliver, in the name of and for and on behalf of the Fund, all agreements, certificates, deeds, instruments, waivers, releases or other documents pertaining to the Fund which the Corporation considers appropriate, in its sole discretion (including those described in subsection 8.02(o)), and in doing so the Corporation shall be deemed to be executing such instrument or document as agent of the Fund.
Subject to and in accordance with the terms and conditions herein contained, the Corporation may delegate (by subcontract or otherwise) the performance of the Indenture Conferred Duties to any person without the prior written consent of the Trustee, provided that such delegation shall not relieve the Corporation of the responsibility for performance of the Indenture Conferred Duties.
The Corporation shall discharge and perform the Indenture Conferred Duties honestly, in good faith and with a view to the best interests of the Fund and the Unitholders, and in connection therewith shall exercise the same degree of care, diligence and skill that a reasonably prudent person, having professional responsibilities of a similar nature to those hereunder, would exercise in comparable circumstances.
If the Corporation (including any successors or assigns) ceases to exist, or if the Corporation is unable or unwilling to perform its obligations under this Indenture, the Trustee shall be entitled to engage another person that is duly qualified to perform the Indenture Conferred Duties.