By Trust Company Sample Clauses
By Trust Company. Trust Company shall indemnify and hold the Fund harmless from and against any and all losses, damages, costs, charges, counsel fees, payments, expenses and liabilities arising out of or attributable to Trust Company's refusal or failure to comply with the terms of this Agreement, or which arise out of Trust Company's lack of good faith, negligence or willful misconduct or which arise out of the breach of any representation or warranty of Trust Company hereunder.
By Trust Company. Trust Company represents, warrants, and covenants to Client that:
(A) Trust Company will safekeep the Digital Assets and segregate all Digital Assets from both the (i) property of Trust Company, and (ii) assets of other customers of Trust Company, except for Digital Assets specifically moved into shared accounts by Client;
(B) Trust Company will maintain adequate capital and reserves to the extent required by Applicable Law;
(C) Trust Company is duly organized, validly existing and in good standing under the laws of the State of South Dakota, has all corporate powers required to carry on its business as now conducted, and is duly qualified to do business in each jurisdiction where such qualification is necessary;
(D) Trust Company has the full capacity and authority to enter into and be bound by this Agreement and the person executing or otherwise accepting this Agreement for Trust Company has full legal capacity and authorization to do so.