Breach of Trust. 14 14.4 Acts or omissions........................................................................14 14.5
Breach of Trust. The provisions of this clause 15 will not apply to any obligation or liability of the Trustee to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement, any other Transaction Document in relation to the Series Trust or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the Assets of the Series Trust as a result of the Trustee's fraud, negligence or wilful default.
Breach of Trust. The provisions of this Section 15 will not apply to any obligation or liability of Party B to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement or any other Transaction Document or by operation of law there is a reduction in the extent of Party B's indemnification out of the Assets of the Series Trust, as a result of Party B's fraud, negligence or wilful default.
Breach of Trust. The provisions of this clause 14 will not apply to any obligation or liability of the Issuer to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement or any other Transaction Document or by operation of law there is a reduction in the extent of the Issuer's indemnification out of the Assets of the Series Trust as a result of the Issuer's fraud, negligence or wilful default and will not apply to any obligation or liability of the Issuer to pay amounts from its personal funds pursuant to clause 12.6.
Breach of Trust. However, if due to a breach of trust as a direct consequence of dishonesty by the Independent Trustee, any party claiming under or in connection with this agreement is unable to recover from the assets for the time being of that trust all or any moneys properly payable to that party, then that party may seek to recover those moneys from the personal assets of that Independent Trustee provided that in doing so, that party may only recover the amount (if any) by which the value of the relevant trust assets has been diminished due to the breach of trust.] SIGNED on behalf of [insert name of Lender]: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED for and on behalf of NZVIF INVESTMENTS LIMITED by: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED by [Company] by: Full name of director/authorised signatory Signature of director/authorised signatory Full name of director/authorised signatory Signature of director/authorised signatory SIGNED by [insert Existing Shareholder's name]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Individual Warrantor]: [insert name] SIGNED by [insert name of Key Person]: [insert name] SIGNED by [insert name of Key Person]: [insert name] [ ] To: [ ] (the Lenders) From: [ ] (the Company) [date] Notice is hereby given that the Company wishes to drawdown the sum of $[insert] of its Loan pursuant to the terms of the Convertible Loan Agreement dated [insert] (Agreement). Pursuant to the Agreement and in further consideration of the advance of the Drawdown the Company hereby warrants and represents to the Lenders that:
Breach of Trust. Employee acknowledges that he will learn and come in contact with certain proprietary information or facilities that Employer considers Trade Secrets. Employee understands that if, either during employment or anytime thereafter, Employee discloses to others or uses for Employee's own benefit or copies or makes notes of any of these Trade Secrets and disseminates or uses the same, such conduct will constitute a breach of the confidence and trust bestowed on Employee by Employer and which may result in Employee being liable to Employer for damages.
Breach of Trust. The provisions of this clause 14 will not apply to any obligation or liability of the Borrower to the extent that it is not satisfied because under the Trust Deed, the Sub-Fund Notice, any other Transaction Document or by operation of law there is a reduction in the extent of the Borrower's indemnification out of the assets of the PUMA Trust as a result of the Borrower's fraud, negligence or wilful default.
Breach of Trust. If a Professional Trustee:
(a) Acts fraudulently, negligently or in breach of trust and as a result: (i) the Professional Trustee's right of indemnity, exoneration or recoupment from or out of the assets and property of the Relevant Trust; or (ii) the actual amount recoverable by the Professional Trustee in exercise of those rights, is reduced in whole or in part or does not exist; or
(b) Is in breach of any of the representations and warranties in Section 10.16, then, without limiting any other rights of Parent or Buyer, Section 10.14 shall not apply to that Professional Trustee (in the case of Section 10.15(a), to the extent such right or amount so recoverable is reduced or does not exist) such that the Professional Trustee will be personally liable under this Agreement and its liability under this Agreement will not be limited to the assets of the particular trust for which the Professional Trustee is acting.
Breach of Trust. Whenever the Second Party commits any breach of trust with gross violation of established procedures, guidelines and instructions of the HFWD/ VIMSAR, Burla communicated from time to time by mis-utilising his official position and not in consonance with the objectives of the work assigned & also whenever, the Second Party commits any breach of trust with misappropriation of funds and resources of VIMSAR, Burla which he is responsible for management and utilization or otherwise by virtue of his position, the Second Party is liable for such criminal proceedings as deemed fit by the First Party even after rescission, resignation, termination or otherwise abandonment of the contract, not withstanding anything otherwise contained in the Contract.
Breach of Trust. Employee acknowledges that he will learn and come in contact with ceßain proprietary information or products that the Company considers as being confidential or as being its trade secrets, as hereinaGer defined. Employee understands that if, either during employment or thereaGer, he discloses to others, uses for his own benefit or for the benefit of any person or entity other than the Company, copies or makes notes of any such trade secrets, information or products, such conduct will constitute a breach of the confidence and trust bestowed upon Employee by the Company and will be a breach of this Agreement. "Trade secret" shall mean the whole or any poßion of any practice, procedure, policy, compilation of information, formula, pattern, device, or combination of devices, which is for use, or is used in the operation of the Company's Business and which provides the Company an advantage, or an oppoßunity to obtain an advantage, over those who do not know or use it. Trade Secret includes, but is not limited to, any scientific, technical or commercial information, including, but not limited to, any design, process, procedure, list of suppliers, list of customers, proprietary technology, sales technique, sales models, premium schedules or amounts, soGware plaUorms, source codes or improvement thereof. For purposes of interpretation hereunder the following shall apply: In addition, a "Trade Secret" shall include information (not readily compiled from publicly available sources) which has been made available to Employee during the course of his employment, including but not limited to the names, addresses, telephone number, qualifications, education, accomplishments, experience and resumes of all persons who have applied or been recruited for employment, for either or both permanent and temporary jobs, job order specifications and the paßicular characteristics and requirements of persons generally hired by the Company, as well as specific job listings from companies with whom the Company does, or attempts to do business, as well as mailing lists, computer runoffs, financial or other information Case 6:23-cv-01637-RBD-RMN Document 2-1 Filed 08/25/23 Page 10 of 17 PageID 104
