Common use of The Bond Trustee Clause in Contracts

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunder. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 7 contracts

Sources: Asset Monitor Agreement, Asset Monitor Agreement, Asset Monitor Agreement

The Bond Trustee. 15.1 14.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 14.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities to the other parties to this Agreement notwithstanding any provision herein and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 15. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 5 contracts

Sources: Standby Guaranteed Investment Contract, Standby Guaranteed Deposit Account Contract, Standby Guaranteed Investment Contract

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor Purchaser shall reimburse indemnify the Asset Monitor Seller for all reasonable costs incurred by the Asset Monitor Seller in relation to such change. 15.2 The . Any payment by the Purchaser to the Seller in connection with this indemnity shall be subordinated to payments of principal and interest to Covered Bondholders. It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Seller or the Purchaser under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 9.2. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights right and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation obligations of the Bond Trustee to act reasonably.

Appears in 5 contracts

Sources: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor LP shall reimburse indemnify the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor LP hereunder. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 4 contracts

Sources: Asset Monitor Agreement (RBC Covered Bond Guarantor Limited Partnership), Asset Monitor Agreement, Asset Monitor Agreement (RBC Covered Bond Guarantor Limited Partnership)

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor LP, the Cash Manager and the Standby GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor LP, the Cash Manager or the Standby GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 3 contracts

Sources: Standby Guaranteed Investment Contract (RBC Covered Bond Guarantor Limited Partnership), Standby Guaranteed Investment Contract, Standby Guaranteed Investment Contract (RBC Covered Bond Guarantor Limited Partnership)

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor Purchaser shall reimburse indemnify the Asset Monitor Seller for all reasonable costs incurred by the Asset Monitor Seller in relation to such change. 15.2 The . It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Seller or the Purchaser under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand Agreeing to amendments to this Agreement pursuant to Section 9.2. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights right and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation obligations of the Bond Trustee to act reasonably.

Appears in 3 contracts

Sources: Mortgage Sale Agreement (RBC Covered Bond Guarantor Limited Partnership), Mortgage Sale Agreement (RBC Covered Bond Guarantor Limited Partnership), Mortgage Sale Agreement

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 3 contracts

Sources: Guaranteed Investment Contract, Guaranteed Investment Contract, Guaranteed Investment Contract

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 2 contracts

Sources: Guaranteed Investment Contract, Guaranteed Investment Contract

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the GDA Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the GDA Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 2 contracts

Sources: Guaranteed Deposit Account Contract (BMO Covered Bond Guarantor Limited Partnership), Guaranteed Deposit Account Contract

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor Purchaser shall reimburse indemnify the Asset Monitor Seller for all reasonable costs incurred by the Asset Monitor Seller in relation to such change. 15.2 The . Any payment by the Purchaser to the Seller in connection with this indemnity shall be subordinated to payments of principal and interest to Covered Bondholders. It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Seller, the related Originator, the Purchaser or any Versatile Purchaser under this Agreement or the Security Sharing Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 9.2. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights right and obligations of the Bond Trustee are governed by the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments, but without prejudice to the obligation obligations of the Bond Trustee to act reasonably.

Appears in 2 contracts

Sources: Hypothecary Loan Sale Agreement, Subservicing Agreement

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor LP shall reimburse indemnify the Asset Monitor Custodian for all reasonable costs incurred by the Asset Monitor Custodian in relation to such change. 15.2 . The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset MonitorCustodian, the Cash Manager Issuer or the Guarantor LP hereunder. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 2 contracts

Sources: Custodial Agreement (RBC Covered Bond Guarantor Limited Partnership), Custodial Agreement

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor LP, the Cash Manager and the GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor LP, the Cash Manager or the GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 2 contracts

Sources: Guaranteed Investment Contract (RBC Covered Bond Guarantor Limited Partnership), Guaranteed Investment Contract (RBC Covered Bond Guarantor Limited Partnership)

The Bond Trustee. 15.1 ‌ 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Guaranteed Investment Contract

The Bond Trustee. 15.1 ‌ 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor LP, the Cash Manager and the GIC Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor LP, the Cash Manager or the GIC Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Guaranteed Investment Contract

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor Acquirer shall reimburse indemnify the Asset Monitor Originator for all reasonable costs incurred by the Asset Monitor Originator in relation to such change. 15.2 The . It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Originator or the Acquirer under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 9.3. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights right and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation obligations of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Mortgage Sale Agreement

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the Stand-By GDA Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the Stand-By GDA Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with but subject always to the terms provisions of the Trust Deed and Section 11.1 of the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Stand by Guaranteed Deposit Account Contract (BMO Covered Bond Guarantor Limited Partnership)

The Bond Trustee. 15.1 14.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 14.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities to the other parties to this Agreement notwithstanding any provision herein and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 16. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security AgreementAgreements. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security AgreementAgreements, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Standby Guaranteed Investment Contract

The Bond Trustee. 15.1 14.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 14.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities to the other parties to this Agreement notwithstanding any provision herein and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 16. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Standby Guaranteed Investment Contract

The Bond Trustee. 15.1 8.1 If there is any change in the identity of the Bond TrusteeTrustee or any additional Bond Trustee is appointed in accordance with the Trust Deed, the parties to of this Agreement shall execute such documents and take such action as the successor or additional Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor or additional Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 8.2 The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor not assume any obligations or liabilities to, to the Asset Monitor, the Cash Manager or the Guarantor hereunder. For the avoidance of doubt, the other parties to this Agreement acknowledge that Agreement, the rights and obligations of Agents or the Bond Trustee are governed by the Trust Deed and the Security AgreementLLP hereunder. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s 's absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with but subject always to the terms of the Trust Deed Deed. 8.3 For the avoidance of doubt and the Security Agreement, but without prejudice to the obligation obligations of the LLP, the Bond Trustee shall not be liable to act reasonablypay any amounts due under Clause 3 (Expenses), or any receiver appointed pursuant to the Deed of Charge in respect of such amounts.

Appears in 1 contract

Sources: Agency Agreement

The Bond Trustee. 15.1 13.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor, the Cash Manager and the Stand-By GDA Provider shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 13.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Cash Manager or the Stand-By GDA Provider under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 14. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s 's absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with but subject always to the terms provisions of the Trust Deed and Section 11.1 of the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Stand by Guaranteed Deposit Account Contract

The Bond Trustee. 15.1 9.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement Guarantor and the Issuer shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 9.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Guarantor, the Issuer or the Originators under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 10.1. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, acting if acting in accordance with the terms of the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Security Registration Agreement

The Bond Trustee. 15.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunder. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed Deed, the Security Agreement and the Security AgreementDocuments, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Asset Monitor Agreement

The Bond Trustee. 15.1 ‌ 14.1 If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. The Guarantor shall reimburse the Asset Monitor for all reasonable costs incurred by the Asset Monitor in relation to such change. 15.2 The 14.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities to the other parties to this Agreement notwithstanding any provision herein and that the Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement purpose only of its rights under taking the benefit of this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Asset Monitor, the Cash Manager or the Guarantor hereunderand agreeing to amendments to this Agreement pursuant to Section 15. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Appears in 1 contract

Sources: Standby Guaranteed Deposit Account Contract