TRUSTEE OF A TRUST Sample Clauses

TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
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TRUSTEE OF A TRUST. Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the trust) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
TRUSTEE OF A TRUST. If the Recipient has entered into this Agreement in its capacity as trustee of a trust (in this clause, the Recipient Trust): it is the only trustee of the Recipient Trust and it is not aware of any action to remove it as trustee of the Recipient Trust; it has power under the deed constituting the Recipient Trust (in this clause, the Recipient Trust Deed) and has obtained all necessary approvals, consents and authorisations to enter into and perform its obligations under this Agreement; it is not in default under the Recipient Trust Deed, the Recipient Trust has not been terminated and no vesting of the Recipient Trust’s property has occurred and it is not aware of any action proposed to terminate or vest the property of the Recipient Trust; the Recipient Trust’s property has not been resettled, set aside or transferred to any other trust; the entry into and the performance of its obligations under this Agreement is for the benefit of the beneficiaries of the Recipient Trust; and it has a right to be indemnified fully out of the Recipient Trust's assets in respect of all of the obligations and liabilities incurred by it, or which may be incurred by it, under this Agreement and its lien over the Recipient Trust’s property retains its priority over the rights and interests of the Recipient Trust’s beneficiaries to the extent provided by any relevant law. Signing Page Executed by the parties. Executed by APIDTT Pty Ltd ACN 638 389 072 in its capacity as trustee for the Asia Pacific Internet Development Trust: ) ) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by the Recipient named in item 1 of Schedule 1 ) ) Signature of Director Signature of Director/Company Secretary Print full name Print full name Interstate offices Canberra Sydney Affiliated offices around the world through the Advoc network - xxx.xxxxx.xxx Standard IPv4 Address Space Transfer Agreement Version 2.0 10 August 2020
TRUSTEE OF A TRUST. APIDT: it is the only trustee of the Trust and it is not aware of any action to remove it as trustee of the Trust; it has power under the deed constituting the Trust (in this clause, the Trust Deed) and has obtained all necessary approvals, consents and authorisations to enter into and perform its obligations under this Agreement; it is not in default under the Trust Deed, the Trust has not been terminated and no vesting of the Trust’s property has occurred and it is not aware of any action proposed to terminate or vest the property of the Trust; the Trust’s property has not been resettled, set aside or transferred to any other trust; the entry into and the performance of its obligations under this Agreement is for the benefit of the beneficiaries of the Trust; and it has a right to be indemnified fully out of the Trust's assets in respect of all of the obligations and liabilities incurred by it, or which may be incurred by it, under this Agreement and its lien over the Trust’s property retains its priority over the rights and interests of the Trust’s beneficiaries to the extent provided by any relevant law. No petition has been presented, no order has been made and no resolution has been passed for the winding up of APIDT or for the appointment of a liquidator or provisional liquidator of APIDT. APIDT has not obtained, or taken any step to obtain, protection from its creditors under any applicable legislation or entered into, or proposed to enter into, any other arrangement with its creditors. APIDT's obligations under this Agreement are enforceable in accordance with its terms.
TRUSTEE OF A TRUST. If the Recipient has entered into this Agreement in its capacity as trustee of a trust (in this clause, the Recipient Trust):

Related to TRUSTEE OF A TRUST

  • Appointment of Co-Trustee or Separate Trustee Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Fund or property securing any Mortgage Note may at the time be located, the Master Servicer and the Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as co-trustee or co-trustees jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust Fund, and to vest in such Person or Persons, in such capacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof, whichever is applicable, and, subject to the other provisions of this Section 8.10, such powers, duties, obligations, rights and trusts as the Master Servicer and the Trustee may consider necessary or desirable. If the Master Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, or in the case an Event of Default shall have occurred and be continuing, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 8.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 8.08. Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

  • Appointment of Trustee The Depositor hereby appoints the Trustee as trustee of the Trust, effective as of the date hereof, to have all the rights, powers and duties set forth herein.

  • Escrow Agent Not a Trustee The Escrow Agent accepts duties and responsibilities under this Agreement, and the escrow securities and any share certificates or other evidence of these securities, solely as a custodian, bailee and agent. No trust is intended to be, or is or will be, created hereby and the Escrow Agent shall owe no duties hereunder as a trustee.

  • Resignation of Trustee Any Trustee hereunder may resign by a notice in writing delivered to the Grantor, if the Grantor is then living, and, after the Grantor’s death, to all current Beneficiaries of the Trust.

  • Removal of Trustee The Trustee may be removed at any time, by an instrument or concurrent instruments in writing delivered (a) to the Trustee and to the Issuer and the Company, and signed by the owners of a majority in aggregate principal amount of Bonds then Outstanding, or (b) to the Trustee and the owners of all Bonds then Outstanding, and signed by the Issuer and the Company.

  • Replacement of Trustee A resignation or removal of the Trustee and appointment of a successor Trustee shall become effective only upon the successor Trustee's acceptance of appointment as provided in this Section. The Trustee may resign in writing at any time and be discharged from the trust hereby created by so notifying the Company. The Holders of Notes of a majority in principal amount of the then outstanding Notes may remove the Trustee by so notifying the Trustee and the Company in writing. The Company may remove the Trustee if:

  • Event of Default Under Any Trust Indenture; Amendments to Any Trust Indenture; Waiver In the event that, as to any MBS, there shall be a Default Under the Trust Indenture or an Event of Default Under the Trust Indenture, the Holders of the Certificates of the related Classes may, in the event that the Trustee shall not take any such action on their behalf, give such notice and take such action as certificateholders under such Trust Indenture shall be permitted to take in respect thereof. For purposes of any Trust Indenture pursuant to which any such action shall be taken or notice given, the holders of the fractional undivided interest in the related trust fund represented by the MBS shall be considered to have approved any such action or given any such notice in an amount which is equal to such fractional undivided interest multiplied by a percentage equal to that percentage obtained by dividing the aggregate of the Certificate Balances of all such Certificates the Holders of which have taken such action or given such notice as permitted hereby by the aggregate of the related Class Balances. In the event that Xxxxxx Xxx shall desire to amend any Trust Indenture pursuant to Section 11.02 (or any similar provision) thereof, under circumstances requiring the vote of certificateholders thereunder, the Trustee may not vote the related MBS on behalf of Holders of the related Certificates except upon the direction to do so from the Holders of the Certificates of the related Classes having Certificate Balances aggregating not less than 51% of the aggregate of the related Class Balances. Similar direction shall be required in order for the Trustee to waive compliance with any provision of a Trust Indenture where the vote of certificateholders is required pursuant to Section 11.02 (or any similar provision) thereof.

  • SUBORDINATION TO TRUST AGREEMENT This Agreement and all rights of Company hereunder are expressly subordinated and subject to the lien and provisions of any pledge, transfer, hypothecation, or assignment made at any time by Authority to secure financing. This Agreement is subject and subordinate to the terms, covenants, and conditions of the Trust Agreement, made by Authority, authorizing the issuance of bonds by Authority. Conflicts between this Agreement and the documents mentioned above will be resolved in favor of such documents.

  • The Trust World Omni acknowledges and agrees that (a) WOAR will, pursuant to the Sale and Servicing Agreement, sell the Receivables to the Trust and assign its rights under this Agreement to the Trust and (b) the Trust will, pursuant to the Indenture, grant the Receivables and its rights under this Agreement and the Sale and Servicing Agreement to the Indenture Trustee on behalf of the Noteholders. World Omni hereby consents to all such sales and assignments and agrees that the Trust or, if pursuant to the Indenture, the Indenture Trustee, may exercise the rights of WOAR and enforce the obligations of World Omni hereunder directly and without the consent of WOAR.

  • The Owner Trustee It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Wilmington Trust, National Association on behalf of the Trust not individually or personally but solely as owner trustee of the Trust under the Trust Agreement of the Trust dated the date hereof in the exercise of the powers and authority conferred upon and vested in Wilmington Trust, National Association as owner trustee of the Trust under such Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as the personal representation, undertaking or agreement of Wilmington Trust, National Association, but is made and intended for the purpose of binding only the Trust and (iii) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust, National Association, individually or personally, to perform any covenant or obligation of the Trust, either expressed or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto.

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