Concerning the Canadian Trustee Sample Clauses

Concerning the Canadian Trustee. In carrying out the Canadian Trustee’s responsibilities hereunder, the Canadian Trustee shall have all of the rights, protections, and immunities which the Canadian Trustee possesses under the Indenture. The recitals contained herein shall be taken as the statements of the Company, and the Canadian Trustee assumes no responsibility for their correctness. The Canadian Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Concerning the Canadian Trustee. Notwithstanding anything contained in this Agreement, it is acknowledged and agreed by the parties hereto that the Canadian Purchased Assets may be conveyed to the Canadian Buyer by the Canadian Seller either with Inspector Approval or in accordance with the Canadian Bankruptcy Court Order, and, in either case, the sale by the Canadian Seller to the Canadian Buyer shall be made under the following terms and conditions, as applicable: (a) the consummation of the sale of the Canadian Purchased Assets shall occur within forty-eight (48) hours of the Canadian Bankruptcy Court Order or the Inspector Approval, as the case may be, or such other period as may be agreed between the Canadian Buyer and the Canadian Seller, so that the closing with respect to the Purchased Assets, including the Canadian Purchased Assets, may occur contemporaneously; (b) at the consummation of the sale of the Canadian Purchased Assets, the Canadian Seller and the Canadian Buyer shall execute the Canadian Sale Documents; (c) at the consummation of the sale of the Canadian Purchased Assets, the Canadian Trustee will be a registrant within the meaning of Part IX of the ETA and Chapter VIII of Title I of the QSTA; (d) in the Canadian Sale Documents, the sole representation and warranty to be made by the Canadian Trustee shall be that the Canadian Trustee has been authorized to sell the Canadian Purchased Assets pursuant to the Canadian Bankruptcy Court Order or the Inspector Approval, as the case may be. The foregoing representation and warranty shall be the only representation and warranty made by the Canadian Trustee to the Canadian Buyer and all other representations and warranties, whether legal or conventional, expressed or implied, shall be expressly excluded from the sale of the Canadian Purchased Assets as contemplated by this Agreement. The Canadian Buyer shall expressly acknowledge that the Canadian Trustee is not a "Professional Seller" as defined in Section 1729 of the Civil Code of Quebec of the Canadian Purchased Assets, and the Canadian Buyer shall expressly acknowledge that it has examined and is satisfied with the physical state and condition of the Canadian Purchased Assets in all respects and the value thereof, such that all of the Canadian Purchased Assets shall be accepted by the Canadian Buyer strictly on an "as is/where is" basis at the Canadian Buyer's sole risk and peril; (e) in the Canadian Sale Documents, the Canadian Buyer shall acknowledge and agree that the Ca...
Sample 1
Concerning the Canadian Trustee. Notwithstanding anything contained in this Agreement, it is acknowledged and agreed by the parties hereto that the Canadian Purchased Assets may be conveyed to the Canadian Buyer by the Canadian Seller either with Inspector Approval or in accordance with the Canadian Bankruptcy Court Order, and, in either case, the sale by the Canadian Seller to the Canadian Buyer shall be made under the following terms and conditions, as applicable:
Sample 1

Related to Concerning the Canadian Trustee

  • Concerning the Custodian Section 3.1 Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian is exclusively the bailee and agent of the Trustee and has no instructions to hold any Mortgage Note or Mortgage for the benefit of any person other than the Trustee and the Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. Except upon compliance with the provisions of Section 2.5 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Company or the Master Servicer or otherwise released from the possession of the Custodian. The Master Servicer shall promptly notify the Custodian in writing if it shall no longer be a member of MERS, or if it otherwise shall no longer be capable of registering and recording Mortgage Loans using MERS. In addition, the Master Servicer shall (i) promptly notify the Custodian in writing when a MERS Mortgage Loan is no longer registered with and recorded under MERS and (ii) concurrently with any such deregistration of a MERS Mortgage Loan, prepare, execute and record an original assignment from MERS to the Trustee and deliver such assignment to the Custodian.

  • Concerning the Owner Trustee 17 Section 7.01 Acceptance of Trusts and Duties............................................................17 Section 7.02 Furnishing of Documents....................................................................19 Section 7.03

  • Concerning the Agent The provisions of Article 7 of the Credit Agreement shall inure to the benefit of the Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Agent therein set forth:

  • CONCERNING THE TRUSTEE Section 8.01 Duties of the Trustee........................................ Section 8.02 Certain Matters Affecting the Trustee........................ Section 8.03 Trustee Not Liable for Certificates or Mortgage Loans........ Section 8.04 Trustee May Own Certificates................................. Section 8.05 Trustee's Fees and Expenses.................................. Section 8.06 Eligibility Requirements for the Trustee..................... Section 8.07 Resignation and Removal of the Trustee....................... Section 8.08

  • Concerning the Collateral Agent The provisions of Article IX of the Credit Agreement shall inure to the benefit of the Collateral Agent in respect of this Agreement and shall be binding upon all Loan Parties and all Finance Parties and upon the parties hereto in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Collateral Agent therein set forth:

  • Information Concerning the Company Buyer has conducted its own due diligence with respect to the Company and its liabilities and believes it has enough information upon which to base an investment decision in the Stock. Buyer acknowledges that Seller has made no representations with respect to the Company, its status, or the existence or non-existence of liabilities in the Company except as explicitly stated in this Agreement. Buyer is taking the Company “as is” and acknowledges and assumes all liabilities of the Company.

  • Concerning the Trustees The provisions of this Agreement shall not affect the rights and obligations of the Accepting Trustees under the applicable Governing Agreements, which shall equally apply to all of such Trustee’s rights and obligations under this Settlement Agreement. Nothing in this Settlement Agreement shall be construed to imply that any Trustee owes any greater duties under the Governing Agreements than it would otherwise owe under those agreements.

  • The Depositary the Custodian and the Company Section 5.1 Maintenance of Office and Transfer Books by the Registrar. Until termination of the Deposit Agreement in accordance with its terms, the Registrar shall maintain in the Borough of Manhattan, the City of New York, an office and facilities for the issuance and delivery of ADSs, the acceptance for surrender of ADS(s) for the purpose of withdrawal of Deposited Securities, the registration of issuances, cancellations, transfers, combinations and split-ups of ADS(s) and, if applicable, to countersign ADRs evidencing the ADSs so issued, transferred, combined or split-up, in each case in accordance with the provisions of the Deposit Agreement. The Registrar shall keep books for the registration of ADSs which at all reasonable times shall be open for inspection by the Company and by the Holders of such ADSs, provided that such inspection shall not be, to the Registrar's knowledge, for the purpose of communicating with Holders of such ADSs in the interest of a business or object other than the business of the Company or other than a matter related to the Deposit Agreement or the ADSs. The Registrar may close the transfer books with respect to the ADSs, at any time or from time to time, when deemed necessary or advisable by it in good faith in connection with the performance of its duties hereunder, or at the reasonable written request of the Company subject, in all cases, to Section 7.8. If any ADSs are listed on one or more stock exchanges or automated quotation systems in the United States, the Depositary shall act as Registrar or appoint a Registrar or one or more co-registrars for registration of issuances, cancellations, transfers, combinations and split-ups of ADSs and, if applicable, to countersign ADRs evidencing the ADSs so issued, transferred, combined or split-up, in accordance with any requirements of such exchanges or systems. Such Registrar or co-registrars may be removed and a substitute or substitutes appointed by the Depositary.

  • Concerning the Bank 1. The Bank shall not be liable and shall be fully protected in acting upon any oral instruction, writing or document reasonably believed by it to be genuine and to have been given, signed or made by the proper person or persons and shall not be held to have any notice of any change of authority of any person until receipt of written notice thereof from an Officer of the Customer. It shall also be protected in processing Share certificates which it reasonably believes to bear the proper manual or facsimile signatures of the duly authorized Officer or Officers of the Customer and the proper countersignature of the Bank.

Time is Money Join Law Insider Premium to draft better contracts faster.