ACCEPTANCE OF TRUSTEE. The Trustee hereby accepts the trusts in this Second Supplemental Indenture declared and provided, upon the terms and conditions herein set forth.
ACCEPTANCE OF TRUSTEE. Effective upon its execution of this Trust, the Trustee accepts the Trust created hereunder and agrees to be bound by all the terms set forth herein and to hold the Trust Fund in trust. The Trustee shall not have any duty to inquire into the administration of the Plan or actions taken by any prior trustee.
ACCEPTANCE OF TRUSTEE. The Trustee accepts the trusts imposed upon it by this Indenture, and agrees to perform said trusts, but only upon and subject to the following express terms and conditions:
(a) The Trustee, prior to the occurrence of an Event of Default and after curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder has occurred (which has not been cured or waived), the Trustee may exercise such of the rights and powers vested in it by this Indenture, and shall use the same degree of care and skill and diligence in their exercise, as a prudent person would use in the conduct of its own affairs.
(b) The Trustee may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder. The Trustee shall not be responsible for any misconduct or negligence on the part of any agent, receiver or attorney ap- pointed with due care by it hereunder. The Trustee may conclusively rely upon an opinion of counsel as full and complete protection for any action taken or suffered by it hereunder.
(c) The Trustee shall not be responsible for any recital herein, or in the Bonds, or for any of the supplements thereto or instruments of further assurance, or for the sufficiency of the secu- rity for the Bonds issued hereunder or intended to be secured and the Trustee shall not be bound to ascertain or inquire as to the observance or performance of any covenants, conditions or agree- ments on the part of the Agency hereunder.
(d) Except as provided in Section 3.01, the Trustee shall not be accountable for the use of any proceeds of sale of the Bonds delivered hereunder. The Trustee may become the Owner of Bonds secured with the same rights which it would have if not the Trustee; may acquire and dispose of other bonds or evidences of indebtedness of the Agency with the same rights it would have if it were not the Trustee; and may act as a depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Owners of Bonds, whether or not such committee shall represent the Own- ers of the majority of the Bonds.
(e) The Trustee shall be protected in acting, in good faith and without...
ACCEPTANCE OF TRUSTEE. The Trustee hereby accepts the trusts in this Indenture declared and provided for and agrees to perform the same upon the terms and conditions herein set forth and to hold all rights, privileges and benefits conferred hereby and by law in trust for the various persons who shall from time to time be Debentureholders, subject to all the terms and conditions herein set forth.
ACCEPTANCE OF TRUSTEE s/ Timothy A. Dempsey ---------------------------------------- Timothy A. Dempsey
ACCEPTANCE OF TRUSTEE. 18 Section 2.03. Representations and Warranties of the Seller Relating to the Seller..........
ACCEPTANCE OF TRUSTEE. (a) The Trustee hereby --------------------- acknowledges its acceptance on behalf of the Trust of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01 and declares that it shall maintain such right, title and interest, upon the trust herein set forth, for the benefit of all Certificateholders.
(b) The Trustee shall have no power to create, assume or incur indebtedness or other liabilities in the name of the Trust other than as contemplated in this Agreement or any Supplement.
(c) The Trustee shall not use any information it obtains pursuant to this Agreement, including any of the information delivered by the Seller to the Trustee pursuant to Section 2.01, 2.09 or 3.04(c), to compete or assist any person in competing with any Originator or the Seller in their respective businesses.
ACCEPTANCE OF TRUSTEE. The Trustee hereby agrees to the terms and conditions of the Option and shall undertake any such acts and do all things within its control as may be necessary to permit the consummation of the transactions contemplated hereunder; provided that the Trustee shall not be required to do anything unless and until he shall be satisfied that he has received adequate indemnity against any liability arising from such action.
ACCEPTANCE OF TRUSTEE. (S) Acceptance of Trustee is agreed to in accordance with the terms and conditions of the Plan, effective as of the date of execution by the Employer, as set forth above. By Trustee /s/ Xxxx Xxxxxxxxxx ------------------------------------- -------------------- ----- (Trustee's Tax I.D. #) (Date)
ACCEPTANCE OF TRUSTEE. The Trustee hereby accepts the Trust established hereunder and agrees to perform the respective duties of the Trustee set forth herein.
