Common use of Appointment of new trustees Clause in Contracts

Appointment of new trustees. Each party to this Agreement and each Trustee Party ac­ knowledges that from time to time new persons may be duly appointed as trustees of the Trust (each person so appoint­ ed, a “New Trustee Party”) and accordingly, notwithstanding any restriction on assignment or transfer under thisAgree­ ment: a) we and each Trustee Party hereby each consent to the accession to and adoption of the terms and obliga­ tions hereunder by each and every New Trustee Party from time to time, which accession and adoption shall take effect as a novation of the Agreement and all Transactions then outstanding such that each New Trustee Party may thereafter (as trustee of the Trust and subject to the terms of the Trust Deed) exercise your rights, and shall thereafter be bound by your obligations (including obligations under such Transac­ tions); b) in any case where any Trustee Party so bound immedi­ ately before such a novation remains so bound after such novation, that Trustee Party shall be bound there­ after jointly with each New Trustee Party; c) the consent given by virtue of this provision may only be revoked by a Trustee Party by notice in writing to us; and d) the terms of this provision shall take effect as an open offer by us, you and each Trustee Party bound by this agreement at the time of appointment of any New Trustee Party to each and every New Trustee Party to accede to and adopt the terms and obligations under the agreement and all Transactions then outstanding hereunder, which shall be deemed accepted by any subsequent dealings by you under this Agreement or in any manner acceptable to us.

Appears in 3 contracts

Samples: Eligible Counterparty Agreement, Eligible Counterparty Agreement, Eligible Counterparty Agreement

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Appointment of new trustees. Each party to this Agreement and each Trustee Party ac­ knowledges that from time to time new persons may be duly appointed as trustees of the Trust (each person so appoint­ ed, a “New Trustee Party”) and accordingly, notwithstanding any restriction on assignment or transfer under thisAgree­ this Agree­ ment: a) we and each Trustee Party hereby each consent to the accession to and adoption of the terms and obliga­ tions hereunder by each and every New Trustee Party from time to time, which accession and adoption shall take effect as a novation of the Agreement and all Transactions then outstanding such that each New Trustee Party may thereafter (as trustee of the Trust and subject to the terms of the Trust Deed) exercise your rights, and shall thereafter be bound by your obligations ob­ ligations (including obligations under such Transac­ tionsTrans­ actions); b) in any case where any Trustee Party so bound immedi­ ately imme­ diately before such a novation remains so bound after such novation, that Trustee Party shall be bound there­ after jointly with each New Trustee Party; c) the consent given by virtue of this provision may only be revoked by a Trustee Party by notice in writing to us; and d) the terms of this provision shall take effect as an open offer by us, you and each Trustee Party bound by this agreement at the time of appointment of any New Trustee Party to each and every New Trustee Party to accede to and adopt the terms and obligations under the agreement and all Transactions then outstanding hereunder, which shall be deemed accepted by any subsequent dealings by you under this Agreement or in any manner acceptable to us.

Appears in 3 contracts

Samples: Professional Client Agreement, Professional Client Agreement, Professional Client Agreement

Appointment of new trustees. Each party to this Agreement and each Trustee Party ac­ knowledges acknowledges that from time to time new persons may be duly appointed as trustees of the Trust (each person so appoint­ edappointed, a "New Trustee Party") and accordingly, notwithstanding any restriction on assignment or transfer under thisAgree­ mentthis Agreement: a) we 4.1.1 We and each Trustee Party hereby each consent to the accession to and adoption of the terms and obliga­ tions obligations hereunder by each and every New Trustee Party from time to time, which accession and adoption shall take effect as a novation of the Agreement and all Transactions then outstanding such that each New Trustee Party may thereafter (as trustee of the Trust and subject to the terms of the Trust Deed) exercise your rights, and shall thereafter be bound by your obligations (including obligations under such Transac­ tionsTransactions); b) in 4.1.2 In any case where any Trustee Party party so bound immedi­ ately immediately before such a novation remains so bound after such novation, that Trustee Party shall be bound there­ after thereafter jointly with each New Trustee Party; c) the 4.1.3 The consent given by virtue of this provision may only be revoked by a Trustee Party by notice in writing to us; andTEL: +000 00 000 000 FAX: +000 00 000 000 EMAIL: xxxxxxx@xxxxxxxxxx.xxx WEB: xxx.xxxxxxxxxx.xxx d) the 4.1.4 The terms of this provision shall take effect as an open offer by us, you and each Trustee Party bound by this agreement Agreement at the time of appointment of any New Trustee Party to each and every New Trustee Party to accede to and adopt the terms and obligations under the agreement this Agreement and all Transactions then outstanding hereunder, which shall be deemed accepted by any subsequent dealings by you under completion, execution and delivery to us of a letter substantially in the form of the Adoption Form set out in this Agreement Annex 3 to or in any other manner acceptable to us.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Appointment of new trustees. Each party to this Agreement and each Trustee Party ac­ knowledges acknowledges that from time to time new persons may be duly appointed as trustees of the Trust (each person so appoint­ edappointed, a “New Trustee Party”) and accordingly, notwithstanding any restriction on assignment or transfer under thisAgree­ ment: a) we this Agreement: We and each Trustee Party hereby each consent to the accession to and adoption of the terms and obliga­ tions obligations hereunder by each and every New Trustee Party from time to time, which accession and adoption shall take effect as a novation of the Agreement and all Transactions then outstanding such that each New Trustee Party may thereafter (as trustee of the Trust and subject to the terms of the Trust Deed) exercise your rights, and shall thereafter be bound by your obligations (including obligations under such Transac­ tionsTransactions); b) in ; In any case where any Trustee Party party so bound immedi­ ately immediately before such a novation remains so bound after such novation, that Trustee Party shall be bound there­ after thereafter jointly with each New Trustee Party; c) the ; The consent given by virtue of this provision may only be revoked by a Trustee Party by notice in writing to us; and d) the and The terms of this provision shall take effect as an open offer by us, you and each Trustee Party bound by this agreement Agreement at the time of appointment of any New Trustee Party to each and every New Trustee Party to accede to and adopt the terms and obligations under the agreement this Agreement and all Transactions then outstanding hereunder, which shall be deemed accepted by any subsequent dealings by you under completion, execution and delivery to us of a letter substantially in the form of the Adoption Form set out in this Agreement Annex 3 to or in any other manner acceptable to us.. DEFINED TERMS AND INTERPRETATION Defined Terms and Interpretation: In this Annex 3

Appears in 1 contract

Samples: Terms of Business

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Appointment of new trustees. Each party to this Agreement and each Trustee Party ac­ knowledges acknowledges that from time to time new persons may be duly appointed as trustees of the Trust (each person so appoint­ edappointed, a “New Trustee Party”) and accordingly, notwithstanding any restriction on assignment or transfer under thisAgree­ mentthis Agreement: a) we 4.1.1. We and each Trustee Party hereby each consent to the accession to and adoption of the terms and obliga­ tions obligations hereunder by each and every New Trustee Party from time to time, which accession and adoption shall take effect as a novation of the Agreement and all Transactions then outstanding such that each New Trustee Party may thereafter (as trustee of the Trust and subject to the terms of the Trust Deed) exercise your rights, and shall thereafter be bound by your obligations (including obligations under such Transac­ tionsTransactions); b) in 4.1.2. In any case where any Trustee Party party so bound immedi­ ately immediately before such a novation remains so bound after such novation, that Trustee Party shall be bound there­ after thereafter jointly with each New Trustee Party; c) the 4.1.3. The consent given by virtue of this provision may only be revoked by a Trustee Party by notice in writing to us; and d) the 4.1.4. The terms of this provision shall take effect as an open offer by us, you and each Trustee Party bound by this agreement Agreement at the time of appointment of any New Trustee Party to each and every New Trustee Party to accede to and adopt the terms and obligations under the agreement this Agreement and all Transactions then outstanding hereunder, which shall be deemed accepted by any subsequent dealings by you under completion, execution and delivery to us of a letter substantially in the form of the Adoption Form set out in this Agreement Annex 3 to or in any other manner acceptable to us.

Appears in 1 contract

Samples: Terms of Business

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