Bond Trustee Sample Clauses

Bond Trustee. (1) It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Partnership or any of the Partners under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement, including the right of the Bond Trustee to agree to amendments to the terms hereof. For greater certainty, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the terms of the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably. (2) In the event that there is any change in the identity of the Bond Trustee, the Managing GP, and the Partners, if required, shall execute such documents with any other parties to this Agreement and take such actions as such new Bond Trustee may reasonably require for the purposes of vesting in such new Bond Trustee the rights of the Bond Trustee under this Agreement and under the Security Agreement and while any of the Covered Bonds remain outstanding shall give notice thereof to the Rating Agencies.

Bond Trustee. 24.1 If there is any change in the identity of the Bond Trustee in accordance with the Trust Deed, the Servicer, the Seller and the Guarantor shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. 24.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, the Seller or the Guarantor under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documents.

Bond Trustee. (a) If there is any change in the identity of the Bond Trustee, the parties to this Agreement shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement. (b) The Bond Trustee has agreed to become a party to this Agreement for the better preservation and enforcement of its rights under this Agreement but shall have no responsibility for any of the obligations of, nor assume any liabilities to, the Seller or the Guarantor hereunder. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and the Security Agreement. Any liberty or right which may be exercised or any determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefor and the Bond Trustee shall not be responsible for any liability occasioned by so acting, if acting in accordance with the terms of the Trust Deed and the Security Agreement, but without prejudice to the obligation of the Bond Trustee to act reasonably.

Bond Trustee. (a) The Parent and JSG Funding will each procure that, if the Bond Trustee ceases to act as trustee for any reason in relation to any Cash Pay Securities, any successor or other person which is appointed or acts as trustee in relation to those Cash Pay Securities (a “Replacement Bond Trustee”) will become party to this Deed as the Bond Trustee by executing and delivering to the Security Agent a Deed of Accession in form and substance satisfactory to the Security Agent acting reasonably. (b) The Bond Trustee (on behalf of the Securities Creditors) by its execution of this Deed, and any Replacement Bond Trustee (on behalf of the Securities Creditors) by its execution of a Deed of Accession to this Deed, acknowledges and agrees as follows: (i) that to the extent and in the manner set out in any of the indentures (as supplemented and amended from time to time) (the “Indentures”) under which the Cash Pay Securities are issued, the payment of all Senior Subordinated Guarantee Debt is expressly made subordinate to and subject in right of payment to the prior payment in full in cash of all Senior Debt and Hedging Debt; (ii) that the Senior Debt and Hedging Debt each qualify as “Senior Debt” for the purposes of and as such term is defined in the Indentures; (iii) that the Senior Creditors and the Hedging Banks are entitled to rely on and enforce (A) the subordination provisions contained in the Indentures and (B) the provisions in the Indentures restricting the circumstances in which a demand may be made under the Senior Subordinated Guarantee; and (iv) that it accepts any Transfer Certificate, Accession Deed or Deed of Accession and the accession by the relevant parties to such agreements to this Deed in the capacity described therein. For the avoidance of doubt, the Bond Trustee or a Replacement Bond Trustee (as the case may be) hereby waives any right to approve, or of objection to, the accession or identity of such persons and confirms that it hereby waives any obligation on the part of a party to procure the Bond Trustee’s or the Replacement Bond Trustee’s (as the case may be) counter-signature or acceptance of any such Transfer Certificate, Accession Deed or Deed of Accession.

Bond Trustee. (i) If a book-entry depository administered by the Depository Trust Company or any successor or nominee thereto (the "Depository") is in use pursuant to the Bond Indenture, the Bond Trustee shall notify the Depository (in a form acceptable to the Depository for such notice) of the principal amount(s) of the Bonds which are to become Pledged Bonds prior to or concurrently with its receipt from the Bank of a federal funds tracking number for a wire transfer in payment of a drawing under the Letter of Credit to purchase such Bonds. Said notice shall further instruct the Depository to record in its system a corresponding increase in the principal amount of the Bonds credited to the account of the Bond Trustee as the agent and bailee of the Bank or such other Person identified by the Bank (through notice to the Bond Trustee and the Pledgor) as the entity which should hold Pledged Bonds in a book-entry system (the Bond Trustee or such other Person, the "Bank's DTC Participant"). Concurrently with the delivery of such notice to the Depository, the Bond Trustee shall provide a copy of such notice to the Bank and the Pledgor. The Bond Trustee and the Pledgor shall provide the Bank with any confirmation or like notice received by any of them from the Depository evidencing the Depository's compliance with the instructions. (ii) Whenever a book-entry depository is in use pursuant to the Bond Indenture and Pledged Bonds are held on behalf of the Bank by the Bank's DTC Participant, the Bank shall have the right to obtain a separate bond certificate to evidence the Pledged Bonds, and upon request by the Bank, the Pledgor will cause the Bond Trustee to authenticate and deliver such certificate, and such certificate shall be deposited with the Depository or delivered to the Bank or a Person designated by the Bank, as the Bank shall direct. (iii) If a book-entry depository ever ceases to be in use with respect to the Bonds, the Bond Trustee and the Pledgor each hereby agree to hold any Pledged Bonds received by any of them as the Bank's agent and bailee and to make a notation in its respective records with respect to the Pledged Bonds. Upon request of the Bank, each of the Bond Trustee and the Pledgor will deliver all or a portion of such Pledged Bonds to the Bank or to such Person as the Bank may direct without termination of this Pledge Agreement. (iv) Except at the written direction of the Bank, the Bond Trustee shall not enter into any other agreement regarding possessi...

Bond Trustee. For a description of the duties and the immunities and rights of the Bond Trustee under the Indenture, reference is made to the Indenture, and the obligations of the Bond Trustee to the Holder hereof are subject to such immunities and rights.

Bond Trustee. “Bond Trustee” shall mean U.S. Bank National Association as Trustee under that Trust Indenture by and between Bond Trustee and Subsidiary.

Bond Trustee. The Bond Trustee is a signatory to this agreement for the sole purpose of acknowledging and giving its prior written consent to the amendment and restatement of the Original Accounts Agreement contemplated hereby, and, unless the context otherwise requires, the words “party” and “parties” when used in this Accounts Agreement (except for Section 16.07 (Counterparts; Effectiveness)) shall not be references to the Bond Trustee.

Bond Trustee. In the event that there is any change in the identity of the Bond Trustee or an additional Bond Trustee is appointed in accordance with the Security Agreement, as the case may be, the Cash Manager, solely in its capacity as cash manager, will execute such documents with any other parties to this Agreement and take such actions as such new Bond Trustee may reasonably require for the purposes of vesting in such new Bond Trustee the rights of the Bond Trustee under this Agreement and under the Security Agreement and while any of the Covered Bonds remain outstanding will give notice thereof to the Rating Agencies.

Bond Trustee. The Bond Trustee (on behalf of the Securities Creditors) acknowledges and agrees as follows: (i) that to the extent and in the manner set out in any of the indentures (as supplemented and amended from time to time) (the Indentures) under which the Additional Notes are issued, the payment of all Senior Subordinated Guarantee Debt is expressly made subordinate to and subject in right of payment to the prior payment in full in cash of all Senior Debt, Hedging Debt and Spanish Bond Debt; (ii) that the Senior Debt, Hedging Debt and Spanish Bond Debt each qualify as “Senior Debt” for the purposes of and as such term is defined in the Indentures; (iii) that the Senior Creditors, the Hedging Banks and the Spanish Bond Creditors are entitled to rely on and enforce (A) the subordination provisions contained in the Indentures and (B) the provisions in the Indentures restricting the circumstances in which a demand may be made under the Senior Subordinated Guarantee; and (iv) that it accepts any Transfer Certificate, Accession Deed or Deed of Accession and the accession by the relevant parties to such agreements to this Agreement in the capacity described therein. For the avoidance of doubt, the Bond Trustee hereby waives any right to approve, or of objection to, the accession or identity of such persons and confirms that it hereby waives any obligation on the part of a party to procure the Bond Trustee’s counter-signature or acceptance of any such Transfer Certificate, Accession Deed or Deed of Accession.