Trust Indemnified Party definition

Trust Indemnified Party has the meaning set forth in Section 9(b) hereof.

Trust Indemnified Party means each Director, the Delaware Trustee, the Trust Protector, the Special Master, the Tribal Allocation Appointees, and each of their respective members, officers, employees, agents, consultants, lawyers, advisors or professionals (collectively, the “Trust Indemnified Parties”).

Trust Indemnified Party has the meaning set forth in Section 5(a).

Examples of Trust Indemnified Party in a sentence

• Such indemnity also shall include payment from the Precious Metals Dealer of the reasonable costs and expenses incurred by such Trust Indemnified Party in investigating or defending itself against any such loss, liability or expense or any claim therefor.

• In making a determination with respect to entitlement to exculpation or indemnification hereunder, the person, persons or entity making such determination shall presume that the Litigation Trust Indemnified Party is entitled to exculpation and indemnification under this Litigation Trust Agreement, and any person seeking to overcome such presumption shall have the burden of proof to overcome that presumption.

• In making a determination with respect to entitlement to exculpation or indemnification hereunder, the court, Person or Entity making such determination shall presume that any Liquidating Trust Indemnified Party is entitled to exculpation and indemnification under this Agreement and any Person seeking to overcome such presumption shall have the burden of proof to overcome that presumption.

• Any indemnification Claim of a Non-Released Party Trust Indemnified Party shall be entitled to a priority distribution from the Non-Released Party Trust Assets, ahead of the Non-Released Party Trust Interests and any other Claim to or Interest in such assets.

• The indemnification provided under this Section 9.2 shall survive the death, dissolution, resignation, or removal, as may be applicable, of the Non-Released Party Trustee, the Non-Released Party Trust Advisory Board, any Member or any other Non-Released Party Trust Indemnified Party and shall inure to the benefit of the Non-Released Party Trustee’s, each Member’s, and each other Non-Released Party Trust Indemnified Party’s respective heirs, successors, and assigns.

• In case any such action is brought against a Trust Indemnified Party, the Acquiring Funds shall be entitled to participate, at its own expense, in the defense of such action.

• In making a determination with respect to entitlement to exculpation or indemnification hereunder, the person, persons or entity making such determination shall presume that the Creditors’ Trust Indemnified Party is entitled to exculpation and indemnification under this Creditors’ Trust Agreement, and any person seeking to overcome such presumption shall have the burden of proof to overcome that presumption.

• The indemnity in this Section 8(b) shall remain in full force and effect regardless of any investigation made by or on behalf of any Trust Indemnified Party.

• Any amounts payable to a Trust Indemnified Party under this section may be payable in advance or shall be secured by a lien on the assets of the Precious Metals Dealer.

• For the avoidance of doubt, a Shareholder is not a Trust Indemnified Party.

More Definitions of Trust Indemnified Party

Trust Indemnified Party. As defined in Section 8.05(d).

Trust Indemnified Party has the meaning ascribed to such term in Section 7.1.

Trust Indemnified Party has the meaning ascribed to such term in Section 7.1. “Trust Unallocated Account” means the loco London account maintained for the Trust by the Initial Custodian pursuant to the Trust Unallocated Account Agreement, or another account maintained for the Trust by a successor Custodian on an Unallocated Basis, as the case may be. “Trust Unallocated Account Agreement” means the Unallocated Account Agreement dated [__________] between the Custodian and the Trustee pursuant to which the Unallocated Account is established and operated. “Trustee” means The Bank of New York Mellon, a New York banking corporation, in its capacity as trustee under the Trust Agreement, or any successor trustee thereunder. “Unallocated Basis” means, with respect to the holding of gold, that the holder is entitled to receive delivery of physical gold in the amount standing to the credit of the holder’s account, but the holder has no ownership interest in any particular gold that the custodian maintaining that account owns or holds. “Unallocated Gold” means gold held on an Unallocated Basis. “USA Patriot Act” means the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. 1.2