Appointment of Trustee Sample Clauses

Appointment of Trustee. The Depositor hereby appoints Wilmington Trust Company as Trustee of the Trust effective as of the date hereof, to have all the rights, powers and duties set forth herein.

Appointment of Trustee. The Depositor hereby appoints the Trustee as trustee of the Trust, effective as of the date hereof, to have all the rights, powers and duties set forth herein.

Appointment of Trustee. The Promoter shall ensure that a corporation resident in Canada which is licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee, pursuant to paragraph 146.1(2)(a) of the Tax Act, is appointed as Trustee of the Plan pursuant to Applicable Legislation to act as trustee of the Plan Assets and irrevocably hold the Plan Assets for the purposes set forth in subsection 2(b). The Promoter shall be ultimately responsible for the Plan and the payment of the Educational Assistance Payments.

Appointment of Trustee. The Depositor hereby appoints the Trustee as trustee of the Trust effective as of the date hereof, to have all the rights, powers and duties set forth herein. Pursuant to a Co-Trustee Agreement dated as of the date hereof (the “Co-Trustee Agreement”), the Depositor shall appoint The Bank of New York (Delaware) to serve as the trustee (the “Delaware Trustee”) of the Trust in the State of Delaware for the sole purpose of satisfying the requirement of Section 3807 of the Trust Statute that the Trust have at least one trustee with a principal place of business in Delaware. The Delaware Trustee shall have none of the rights, duties or liabilities of the Trustee. The rights, duties and liabilities of the Delaware Trustee shall be limited to those expressly set forth in the Co-Trustee Agreement. To the extent that, at law or in equity, the Delaware Trustee has rights, duties (including fiduciary duties) and liabilities relating to the Trust or the Certificateholders, such rights, duties and liabilities are replaced by the rights, duties and liabilities of the Delaware Trustee expressly set forth in the Co-Trustee Agreement.

Appointment of Trustee. The Cemetery Authority hereby appoints Trustee and Trustee hereby accepts the appointment as Trustee of the Pre-Need Trust Fund in accordance with the terms and conditions of this Trust Agreement and applicable law.

Appointment of Trustee. The Trustee is appointed, and agrees to act, as trustee of each Trust upon, and subject to, the terms and conditions of this Deed and the relevant Supplementary Terms Notice.

Appointment of Trustee. The Trustee is hereby appointed as trustee of the Litigation Trust effective as of the date hereof, to have all the rights, powers, and duties set forth herein.

Appointment of Trustee. The Plan Fiduciary hereby (i) appoints the Trustee as trustee of the assets of the Participating Plan invested in the Trust and agrees to be bound by the provisions of the Trust instrument, and applicable exhibits and appendices thereto (attached as Appendix C), as amended from time to time, (the “Declaration of Trust”); (ii) authorizes the Trustee to hold, invest and reinvest the assets of the Participating Plan invested in the Trust in accordance with the terms of the Declaration of Trust; (iii) if a “named fiduciary” of the Participating Plan, appoints the Trustee as the investment manager within the meaning of Section 3(38) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and as a named fiduciary within the meaning of Section 402(a)(2) of ERISA, of the assets of the Participating Plan invested in the Trust; and (iv) authorizes the Trustee to appoint one or more investment advisers to assist the Trustee in managing the assets of the Trust. The Trustee hereby accepts such appointment and acknowledges that it is a fiduciary within the meaning of Section 3(21) of ERISA with respect to the assets of the Participating Plan invested in the Trust.

Appointment of Trustee. The Company has appointed the Debenture Trustee as trustee for the Debenture Holder(s) pursuant to the Debenture Trustee Agreement and has also submitted the consents/documents as elaborated in the Debenture Trustee Agreement . The Company appoints Catalyst Trusteeship Limited as the Trustee, and the Trustee agrees to act as trustee for the benefit of the Debenture Holder(s)/Beneficial Owners(s) and their successors, transferees and assigns under the trust HEREUNDER created pursuant to Clause 3.2 below and in such trust capacity, the Trustee agrees and is authorised: (a) to execute and deliver this Deed, all other Transaction Documents and all other documents, deeds, instruments, certificates and agreements, contemplated by this Deed or the other Transaction Documents which are to be executed and delivered by the Trustee or as the Trustee shall deem advisable and in the best interests of the Debenture Holder(s)/Beneficial Owners(s); (b) to take whatever action as shall be required to be taken by the Trustee in accordance with the Transaction Documents, and subject to the terms and provisions of this Deed and any other Transaction Documents, to exercise its rights and perform its duties and obligations under each of the documents, deeds, agreements, instruments and certificates referred to in this clause (a) above in such documents, agreements, instruments and certificates; and (c) subject to the terms and provisions of this Deed and the other Transaction Documents, to take such other action in connection with the foregoing as the Debenture Holder(s) may from time to time direct.

Appointment of Trustee. Pursuant and subject to the Base Indenture, the Company, Homes and the Trustee hereby constitute the Trustee as trustee to act on behalf of the Holders of the Notes, and as the principal Paying Agent and Security Registrar for the Notes, effective upon execution and delivery of this First Supplemental Indenture. By execution, acknowledgment and delivery of this First Supplemental Indenture, the Trustee hereby accepts appointment as trustee, Paying Agent and Security Registrar with respect to the Notes, and agrees to perform such trusts upon the terms and conditions in the Base Indenture and in this First Supplemental Indenture set forth.