Appointment of Fiscal Agent. The Bank of New York Mellon Trust Company, N.A., at its Principal Office, is hereby appointed Fiscal Agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The City may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank, national banking association or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000) including, for such purpose, the combined capital and surplus of any parent holding company, and subject to supervision or examination by federal or state authority. If such bank, national banking association or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within thirty (30) days after the Fiscal Agent shall have given to the City written notice or after a...
Appointment of Fiscal Agent. Xxxxx Fargo Bank, National Association, at its corporate trust office in Los Angeles, California, is hereby appointed Fiscal Agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. With respect to the appointment of the Fiscal Agent, the following shall apply:
(A) At any time and with or without cause, the Agency may (and at the written request of the Owners of fifty-one percent (51%) of the Outstanding Bonds shall) remove the Fiscal Agent initially appointed and any successor thereto, and the Agency may appoint a successor or successors thereto, but any Fiscal Agent shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000) and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published.
(B) The Fiscal Agent may at any time resign by giving written notice to the Agency and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the Agency shall promptly appoint a successor Fiscal Agent, satisfying the requirements of Section 7.01(A) above, by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective only upon acceptance of appointment by a successor Fiscal Agent.
(C) If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the Agency written notice of its resignation or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Bond Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent.
(D) If, by reason of the judgment of any court, the Fiscal Ag...
Appointment of Fiscal Agent. Each Enron Party and each Claim Holder hereby irrevocably designates and appoints United States Trust Company of New York to act as the Fiscal Agent hereunder and under the other Fiscal Agency Documents and authorizes the Fiscal Agent to exercise such powers and perform such duties as are expressly required to be exercised or performed by the Fiscal Agent hereunder and thereunder, together with such other powers as are reasonably incidental thereto. By its signature below, United States Trust Company of New York agrees to act as Fiscal Agent on and subject to the terms and conditions set forth herein.
Appointment of Fiscal Agent. The Bank hereby appoints the Fiscal Agent, at its offices set forth in Section 27(ii) hereof, to act as fiscal agent for the Notes upon the terms and subject to the conditions set forth herein and in the Notes. The Fiscal Agent shall have the powers and authority granted to and conferred upon it herein and in the Notes, and such further powers and authority, acceptable to it, to act on behalf of the Bank. The Fiscal Agent hereby accepts such appointment.
Appointment of Fiscal Agent. U.S. Bank National Association is hereby appointed Fiscal Agent and paying agent for the Bonds and Additional Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.
Appointment of Fiscal Agent. (a) The Bank hereby appoints U.S. Bank Trust Company, National Association as the Fiscal Agent to act, upon the terms and subject to the conditions set forth herein, as fiscal agent for the Notes, and in such capacity as fiscal agent shall act as transfer agent, paying agent, authenticating agent and registrar, and to perform such other obligations and duties imposed upon the Fiscal Agent by the Notes and hereby, and the Fiscal Agent hereby accepts such appointment. The Fiscal Agent shall have the powers and authority granted to and conferred upon it in the Notes and under this Agreement and in addition shall have such further powers and authority to act on behalf of the Bank as may be mutually agreed upon in writing by the Bank and the Fiscal Agent. All of the terms and provisions with respect to such powers and authority contained in the Notes are subject to and governed by the terms and provisions hereof.
(b) The Bank has been appointed Calculation Agent, for the purpose of calculating any variable interest rates or other basis for determining the payment of interest, premium (if any) or principal with respect to the Notes from time to time. Notwithstanding the foregoing, the Bank may appoint a different Calculation Agent for the Notes (which may be an affiliate of the Bank, the Initial Purchasers or an affiliate thereof).
Appointment of Fiscal Agent. 8.1 The Village of Suring shall act as the Joint Library’s fiscal agent (“Fiscal Agent”) and will have custody of all monies collected, donated, or appropriated for the Joint Library. All public funds associated with the Joint Library shall be handled by the Fiscal Agent and not by the Library Board or a separate private agency.
8.2 The Fiscal Agent is responsible for payroll, benefit administration, insurance, processing invoice payments, financial record keeping and auditing for the Joint Library.
8.3 The Fiscal Agent, through its designated agents, shall perform the ministerial acts of paying expenditures made and approved by the Library Board under the Annual Budget. The Fiscal Agent’s Treasurer or other appointed officer shall receive and disburse funds for the operation and maintenance of the Joint Library as directed by the Library Board and according to this Agreement and Section of 43.58 of the Wisconsin Statutes.
8.4 The Fiscal Agent shall obtain an annual audit by an independent certified public accountant and the audit report shall be forwarded to the Library Board.
8.5 The Fiscal Agent shall provide human resource consulting to the Library Board and Library Director on an as-needed basis.
8.6 The Fiscal Agent may make the Town Attorney available to the Library Board for legal advice on an as-needed basis.
8.7 The Fiscal Agent shall serve as the repository for the maintenance and storage of all financial records pertaining to the Library Board and the Joint Library.
8.8 Costs incurred by the Fiscal Agent for providing these services, including all out- of-pocket expenses, shall be determined by the Fiscal Agent and shall be included in the Annual Budget. The costs of the Fiscal Agent shall be charged to the Joint Library annually.
8.9 Any replacement Fiscal Agent under this Agreement shall be one of the towns which are part of the agreement.
Appointment of Fiscal Agent. Section 8.14 Filings with the Securities and Exchange Commission..........
Appointment of Fiscal Agent. U.S. Bank National Association, at its corporate trust office in San Francisco, California is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.
Appointment of Fiscal Agent. The Borrower hereby irrevocably appoints Family Financial Strategies, Inc. ("FFS") as his/her fiscal agent for the purpose of receiving all notices hereunder and selecting interest rates and interest options available to the Borrower hereunder. The Bank is hereby authorized and directed to follow all instructions of FFS with respect to all matters concerning this Note and to give to FFS all notices hereunder or with respect to the Collateral, all of which shall be binding upon the Borrower. The Borrower hereby indemnifies the Bank from any liability or loss ensuing from the Bank's reliance upon such instructions and notices. The Borrower acknowledges that FFS serves in a similar role of fiscal agent for other participating Bell family members under a Bank mortgage loan program, and that the interest rate alternatives available under this Note shall be exercised on behalf of the Borrower by FFS on a common and uniform basis for all or substantially all borrowers participating under this program.
