Appointment and Acceptance of Trustee. The Company hereby appoints THE BANK OF NEW YORK as Trustee of the Trust with respect to the Fund. The Company shall provide to Trustee a resolution of its Board of Directors (which may include a resolution authorizing one or more officers authorized to act on its behalf) certified by the Secretary or any Assistant Secretary of the Company ("Certified Resolutions") appointing The Bank of New York as Trustee hereunder. The Fund shall consist of all monies and other property acceptable to the Trustee in its sole discretion as may be paid or delivered to the Trustee from time to time, together with any and all increments thereto, proceeds and reinvestments thereof, and income thereon, less payments and distributions therefrom. The Fund shall be held by the Trustee in trust and dealt with in accordance with the provisions of this Agreement without distinction between principal and income. The Trustee hereby accepts its appointment as trustee, acknowledges that it assumes the duties established by this Agreement and agrees to be bound by the terms contained herein.
Appointment and Acceptance of Trustee. The Trustee, by its execution and delivery of this Indenture, does signify its acceptance of its appointment as and of the duties and obligations of Trustee and Paying Agent imposed upon it hereby.
Appointment and Acceptance of Trustee. The Trustee shall be deemed to be appointed pursuant to Bankruptcy Code section 1123(b)(3)(B). The Trustee accepts the Trust created by this Agreement and the grant, assignment, transfer, conveyance and delivery to the Trustee, on behalf, and for the benefit, of the Trust Beneficiaries, by Deep Marine of all of their respective right, title and interest in the Trust Assets, upon and subject to the terms and conditions set forth herein, in the Plan and in the Confirmation Order.
Appointment and Acceptance of Trustee. The Sponsor hereby appoints New York Life Trust Company as Trustee of the Trust and represents that this Trust Agreement constitutes a legal, valid and binding obligation of the Sponsor. The Trustee accepts its appointment as Trustee hereunder.
Appointment and Acceptance of Trustee. AAC Holdings (Canada) Ltd. is hereby named, constituted, and appointed as Trustee, to act and serve as Trustee of the Canada Distribution Trust and to perform the powers and functions of Trustee to accomplish the objective of the Trust as provided in this Agreement. The Trustee is willing and able to so act, and does hereby accept the appointment to act and serve as Trustee of the Canada Distribution Trust and to hold the Distribution Trust Assets and administer the Canada Distribution Trust pursuant to the terms of this Agreement.
Appointment and Acceptance of Trustee. The Bank of New York, by its execution and delivery of this Indenture, does signify its acceptance of its appointment as and of the duties and obligations of Trustee and Paying Agent imposed upon it hereby.
Appointment and Acceptance of Trustee. The Company hereby appoints New York Life Trust Company as Trustee of the Trust and represents that this Trust Agreement constitutes a legal, valid and binding obligation of the Company. The Trustee accepts its appointment as Trustee hereunder.
Appointment and Acceptance of Trustee. Able Holdings (U.S.), Inc. is hereby named, constituted, and appointed as Trustee, to act and serve as Trustee of the Liquidating Trust and to perform the powers and functions of Trustee to accomplish the objective of the Liquidating Trust as provided in this Agreement. The Trustee is willing and able to so act, and does hereby accept the appointment to act and serve as Trustee of the Liquidating Trust and to hold the Trust Assets and administer the Liquidating Trust pursuant to the terms of this Agreement.
Appointment and Acceptance of Trustee. The Company has appointed the Trustee as successor Trustee of the Trust fund heretofore established for the Plan, as such fund now exists and shall exist from time to time (`Fund"). The Fund shall be held by the Trustee in trust and dealt with in accordance with the provisions of this Agreement. The Fund shall not include any interest in any direct or indirect investments in real property, leaseholds, mineral interests or participations in a real estate investment trust or corporation organized under Section 501(c) or 501(c)(25) of the Code. The Trustee shall have no responsibility for any property until it is received and accepted by the Trustee, or for any property of the Plan not delivered to the Trustee and accepted by the Trustee to be a part of the Fund. The Trustee hereby accepts its appointment, acknowledges that it assumes the duties established by this Agreement, and agrees to be bound by the terms contained herein.
Appointment and Acceptance of Trustee. Able Holdings (Delaware), Inc. is hereby named, constituted, and appointed as Trustee, to act and serve as Trustee of the U.S. Distribution Trust and to perform the powers and functions of Trustee to accomplish the objective of the Trust as provided in this Agreement. The Trustee is willing and able to so act, and does hereby accept the appointment to act and serve as Trustee of the U.S. Distribution Trust and to hold the Distribution Trust Assets and administer the U.S. Distribution Trust pursuant to the terms of this Agreement.
