Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at any time after an Event of Default has occurred and until notified in writing by the Trustee to the contrary, so far as permitted by applicable law: (a) act as agents of the Trustee under the Indenture and the Notes on the terms of the Indenture (with consequential amendments as necessary and except that the Trustee’s liability under the Indenture for the indemnification, remuneration and expenses of the Agents will be limited to the amounts for the time being held by the Trustee in respect of the Notes on the terms of the Indenture) and thereafter to hold all Book-Entry Securities, Definitive Securities and all moneys, documents and records held by them in respect of the Notes to the order of the Trustee; and/or (b) deliver all Book-Entry Securities, Definitive Securities and all moneys, documents and records held by them in respect of the Notes to the Trustee or as the Trustee directs in such notice or subsequently, provided that this Section 2.5(b) shall not apply to any documents or records which the relevant Agent is obliged not to release by any law or regulation to which it is subject.
Appears in 3 contracts
Samples: Tenth Supplemental Indenture (Manulife Financial Corp), Seventh Supplemental Indenture (Manulife Financial Corp), First Supplemental Indenture (Manulife Financial Corp)
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at At any time after an any Event of Default (as defined in the Conditions) or any Potential Event of Default (as defined in the Trust Deed) has occurred and until notified in writing is continuing the Trustee may:
(a) by notice given by the Trustee to the contraryIssuer, so far the Guarantors and the Agents (or such of them as permitted are specified by applicable lawthe Trustee) require the Agent to:
(ai) act thereafter, until otherwise instructed by the Trustee, as the agents of the Trustee in relation to payments and calculations to be made by or on behalf of the Trustee under the Indenture and the Notes on the terms of the Indenture Trust Deed (with consequential amendments as necessary and except save that the Trustee’s 's liability under the Indenture for the indemnification, remuneration and expenses indemnification of any of the Agents will shall be limited to the amounts for the time being held by the Trustee in respect on the trusts of the Notes on Trust Deed and available to the terms of the IndentureTrustee for such purpose) and thereafter to hold all Book-Entry Securities, Definitive Securities Notes and all moneyssums, documents and records held by them in respect of the Notes to the order on behalf of the Trustee; and/or;
(bii) deliver up all Book-Entry Securities, Definitive Securities Notes and all moneyssums, documents and records held by them in respect of the Notes to the Trustee or as the Trustee directs shall direct in such notice or subsequentlynotice, provided that this Section 2.5(b) such notice shall not be deemed to apply to any documents document or records record which the relevant any Agent is obliged not to release by any law or regulation regulation; and
(b) by notice in writing require the Issuer and/or the Guarantor to which it is subjectmake all subsequent payments in respect of the Notes and Coupons to the order of the Trustee and not to the Principal Paying Agent.
Appears in 2 contracts
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at any time after an Event of Default has occurred and until notified in writing by the Trustee to the contrary, so far as permitted by applicable law:
(a) act as agents of the Trustee under the Indenture and the Notes on the terms of the Indenture (with consequential amendments as necessary and except that the Trustee’s 's liability under the Indenture for the indemnification, remuneration and expenses of the Agents will be limited to the amounts for the time being held by the Trustee in respect of the Notes on the terms of the Indenture) and thereafter to hold all Book-Entry Securities, Definitive Securities and all moneys, documents and records held by them in respect of the Notes to the order of the Trustee; and/or
(b) deliver all Book-Entry Securities, Definitive Securities and all moneys, documents and records held by them in respect of the Notes to the Trustee or as the Trustee directs in such notice or subsequently, provided that this Section 2.5(b) shall not apply to any documents or records which the relevant Agent is obliged not to release by any law or regulation to which it is subject.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Manulife Financial Corp), Eighth Supplemental Indenture (Manulife Financial Corp)
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at At any time after any Relevant Event or an Event of Default has (each as defined in the Trust Deed) shall have occurred and until notified in writing be continuing, the Trustee may by notice to the Issuer, the Borrower and the Agents (or such of them as are specified by the Trustee Trustee), require each Agent pursuant to the contrary, so far as permitted by applicable lawthis Agreement:
(a) act thereafter, until otherwise instructed by the Trustee, as the agents of the Trustee under the Indenture and the Notes Trust Deed mutatis mutandis on the terms of the Indenture this Agency Agreement (with consequential amendments as necessary and except save that the Trustee’s liability under the Indenture any provision hereof for the indemnification, remuneration and payment of out-of-pocket expenses of any of the Agents will shall be limited to the amounts for the time being held by the Trustee in respect on the trusts of the Notes on Trust Deed and available to the terms of the IndentureTrustee for such purpose) and thereafter to hold all Book-Entry Securities, Definitive Securities Notes and all moneyssums, documents and records held by them in respect of the Notes to the order of the Trustee; and/or
(b) deliver up all Book-Entry Securities, Definitive Securities Notes and all moneyssums, documents and records held by them in respect of the Notes to the Trustee or as the Trustee directs shall direct in such notice; provided, however, that such notice or subsequently, provided that this Section 2.5(b) shall not be deemed to apply to any documents document or records record which the relevant Agent is obliged not to release by any law or regulation to which it is subjectregulation.
Appears in 1 contract
Samples: Agency Agreement
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at At any time after a Potential Event of Default or an Event of Default has occurred and is continuing in relation to a Series of Notes, the Agents shall, if so required by notice in writing given by the Trustee to the Issuer and the Agents (or such of them as are specified by the Trustee) until notified in writing by the Trustee to the contrary, so far as permitted by applicable law:
(a) act thereafter as agents of the Trustee under the Indenture Trust Deed and the that Series of Notes on the terms of the Indenture this Agreement (with consequential amendments as necessary and except save that the Trustee’s liability under the Indenture hereunder for the indemnification, remuneration and payment of out-of-pocket expenses of the Agents will shall be limited to the amounts for the time being held by the Trustee in respect on the trusts of the Trust Deed relating to that Series of Notes on and available to the terms of the IndentureTrustee for such purpose) and thereafter to hold all Book-Entry SecuritiesNotes of that Series (including Definitive Notes, Definitive Securities if any) and all moneyssums, documents and records held by them in respect of the that Series of Notes on behalf of, or to the order of of, the Trustee; and/or
(b) deliver all Book-Entry Securities, Definitive Securities Note Certificates and all moneyssums, documents and records held by them in respect of the that Series of Notes to the Trustee or as the Trustee directs shall direct in such notice or subsequently, notice; provided that this Section 2.5(b) such notice shall be deemed not to apply to any documents or records which the relevant Agent is obliged not to release by any law or regulation to which it is subjectregulation.
Appears in 1 contract
Samples: Agency Agreement
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at At any time after an any Event of Default (as defined in the Loan Agreement) or Relevant Event (as defined in the Trust Deed) has occurred and until notified in writing is continuing, each Agent shall, if so required by notice given by the Trustee to the contrary, so far Issuer and the Agents (or such of them as permitted are specified by applicable law:the Trustee):
(a) act thereafter, until otherwise instructed by the Trustee, as the agents of the Trustee in relation to payments and calculations to be made by or on behalf of the Trustee under the Indenture and the Notes on the terms of the Indenture Trust Deed (with consequential amendments as necessary and except save that the Trustee’s liability under the Indenture for the indemnification, remuneration and expenses indemnification of any of the Agents will shall be limited to the amounts for the time being held by the Trustee in respect on the trusts of the Notes on Trust Deed and available to the terms of the IndentureTrustee for such purpose) and thereafter to hold all Book-Entry Securities, Definitive Securities Note Certificates and all moneyssums, documents and records held by them in respect of the Notes to the order on behalf of the Trustee; and/or
(b) deliver up all Book-Entry Securities, Definitive Securities Note Certificates and all moneyssums, documents and records held by them in respect of the Notes to the Trustee or as the Trustee directs shall direct in such notice; provided, however, that such notice or subsequently, provided that this Section 2.5(b) shall not be deemed to apply to any documents document or records record which the relevant any Agent is obliged not to release by any law or regulation to which it is subjectregulation.
Appears in 1 contract
Samples: Agency Agreement (First Ukrainian International Bank)
Agents to Act for Trustee. The Agents shall, on by notice in writing by the Trustee made at any time after an Event of Default or a Potential Event of Default has occurred and until notified in writing by the Trustee to the contrary, so far as permitted by any applicable law:
(a) 4.1.1 act as agents Agents of the Trustee under the Indenture Trust Deed and the Notes on the terms of the Indenture this Agreement (with consequential amendments as necessary and except that the Trustee’s liability under the Indenture this Agreement for the indemnification, remuneration and all other expenses of the Agents will be limited to the amounts for the time being held by the Trustee in respect of the Notes on the terms of the IndentureTrust Deed and available for those purposes) and thereafter to hold all Book-Entry SecuritiesNotes and Coupons and all moneys, Definitive Securities documents and records held by them in respect of Notes and Coupons to the order of the Trustee; or
4.1.2 deliver all Notes and Coupons and all moneys, documents and records held by them in respect of the Notes to the order of the Trustee; and/or
(b) deliver all Book-Entry Securities, Definitive Securities and all moneys, documents and records held by them in respect of the Notes Coupons to the Trustee or as the Trustee directs in such notice or subsequentlynotice, provided that this Section 2.5(b) such notice shall be deemed not to apply to any documents or records which the relevant Agent is obliged not to release by any law or regulation to which it is subjectApplicable Law.
Appears in 1 contract
Samples: Agency Agreement
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at any time after an Event of Default or a Potential Event of Default has occurred and until notified in writing by the Trustee to the contrary, so far as permitted by applicable law:
(a) 4.1.1 act as agents of the Trustee under the Indenture Trust Deed and the Notes Bonds on the terms of the Indenture this Agreement (with consequential amendments as necessary and except that the Trustee’s liability under the Indenture this Agreement for the indemnification, remuneration and expenses of the Agents will be limited to the amounts for the time being held by the Trustee in respect of the Notes Bonds on the terms of the IndentureTrust Deed and available for such purpose) and thereafter to hold all Book-Entry Securities, Definitive Securities Certificates and all moneys, documents and records held by them in respect of the Notes Exchange Property and Bonds to the order of the Trustee; and/or
(b) 4.1.2 deliver all Book-Entry Securities, Definitive Securities Certificates and all moneys, documents and records held by them in respect of the Notes Bonds or the Exchange Property to the Trustee or as the Trustee directs in such notice or subsequently, provided that this Section 2.5(b) Clause 4.1.2 shall not apply to any documents or records which the relevant Agent is obliged not to release by any applicable law or regulation to which it is subject. At any time after an Event of Default or a Potential Event of Default has occurred, the Trustee may also by notice in writing to the Issuer, require the Issuer to make all subsequent payments in respect of the Bonds to or to the order of the Trustee and not to the Principal Agent with effect from the issue of any such notice to the Issuer.
Appears in 1 contract
Agents to Act for Trustee. The Agents shall, on notice in writing by the Trustee made at At any time after an any Event of Default (as defined in the Loan Agreement) or Relevant Event (as defined in the Trust Deed) has occurred and until notified in writing is continuing, each Agent shall, if so required by notice given by the Trustee to the contrary, so far Issuer and the Agents (or such of them as permitted are specified by applicable law:the Trustee):
(a) act thereafter, until otherwise instructed by the Trustee, as the agents of the Trustee in relation to payments and calculations to be made by or on behalf of the Trustee under the Indenture and the Notes on the terms of the Indenture Trust Deed (with consequential amendments as necessary and except save that the Trustee’s liability under the Indenture for the indemnification, remuneration and expenses indemnification of any of the Agents will shall be limited to the amounts for the time being held by the Trustee in respect on the trusts of the Notes on Trust Deed and available to the terms of the IndentureTrustee for such purpose) and thereafter to hold all Book-Entry Securities, Definitive Securities Further Note Certificates and all moneyssums, documents and records held by them in respect of the Further Notes to the order on behalf of the Trustee; and/or
(b) deliver up all Book-Entry Securities, Definitive Securities Further Note Certificates and all moneyssums, documents and records held by them in respect of the Further Notes to the Trustee or as the Trustee directs shall direct in such notice; provided, however, that such notice or subsequently, provided that this Section 2.5(b) shall not be deemed to apply to any documents document or records record which the relevant any Agent is obliged not to release by any law or regulation to which it is subjectregulation.
Appears in 1 contract
Samples: Supplemental Agency Agreement (First Ukrainian International Bank)