Concerning the Trust Sample Clauses

Concerning the Trust. 1. The Trust represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of The Commonwealth of Massachusetts. (b) It is empowered under applicable laws and by its Declaration of Trust and Code of Regulations to enter into and perform this Agreement. (c) All requisite proceedings have been taken to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940, as amended. (e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Trust shall notify the Transfer Agent if such registration statement or any state securities registration has been terminated or a stop order has been entered with respect to the Shares. 2. Each copy of the Trust's Declaration of Trust and copies of all amendments thereto shall be certified by the Secretary of State (or other appropriate official) of the state of organization, and if such Declaration of Trust and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. Each copy of the Code of Regulations and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, shall be certified by the Secretary of the Trust under seal. 3. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign Share certificates, Certificates, notifications or requests, together with a specimen signature of each new Officer. In the event any Officer who shall have signed manually or whose facsimile signature shall have been affixed to blank Share certificates shall die, resign or be removed prior to issuance of such Share certificates, the Transfer Agent may issue such Shares certificates of the Trust notwithstanding such death, resignation or removal, and the Trust shall promptly deliver to the Transfer Agent such approval, adoption or ratification as may be required by law. 4. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent the Trust's currently effective Prospectus and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus until it is actually received by the Transfer Agent.
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Concerning the Trust. 1. The Trust represents to the Transfer Agent that: (a) It is a business trust duly organized and existing under the laws of the State of Delaware. (b) It is empowered under applicable laws and by its Declaration and By-Laws to enter into and, perform this Agreement. (c) All requisite action has been taken to authorize it to enter into and perform this Agreement. (d) It is an investment company registered under the Investment Company Act of 1940, as amended. (e) A registration statement under the Securities Act of 1933, as amended, with respect to the Shares is effective. The Trust shall notify the Transfer Agent if such registration statement or any state securities registrations have been terminated or a stop order has been entered with respect to the Shares. 2. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign Share Certificates, notifications or requests, together with a specimen signature of each new Officer. In the event any Officer who shall have signed manually or whose facsimile signature shall have been affixed to blank Share certificates shall die, resign or be removed prior to issuance of such Share certificates, the Transfer Agent may issue such Share certificates of the Trust notwithstanding such death, resignation or removal, and the Trust shall promptly deliver to the Transfer Agent such approval, adoption or ratification as may be required by law. 3. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent the Trust's currently effective Prospectus and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus until a reasonable time after it is actually received by the Transfer Agent.
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Concerning the Trust. 14.1 Acknowledgement..................................................36
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Concerning the Trust. 7.1. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the Officers authorized to sign or give Share certificates or Certificates, together with a specimen signature of each new Officer. 7.2. It shall be the sole responsibility of the Trust to deliver to the Transfer Agent in a timely manner the Trust's currently effective Prospectus, copies of any exemptive relief obtained by the Trust under applicable securities laws and copies of any amendments to the Trust's Agreement and Declaration of Trust, By-Laws and any other documents to be furnished by the Trust under this Agreement to enable the Transfer Agent to carry out its duties hereunder, and, for purposes of this Agreement, the Transfer Agent shall not be deemed to have notice of any information contained in such Prospectus, exemptive relief or other document until it is actually received by the Transfer Agent.
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Concerning the Trust. ADMINISTRATOR As set forth in ARTICLE X of the Standard Terms.
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Concerning the Trust. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ is entering into this Lease solely as the Individual Owner Trustee under the Trust Agreement and not in his individual capacity. Accordingly, except as otherwise expressly set forth herein or in the other Transaction Documents, each of the representations, warranties, undertakings and agreements herein made on the part of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ as Lessor is made and intended not as a personal representation, warranty, undertaking or agreement by or for the purpose or with the intention of binding ▇▇▇▇▇▇▇ ▇.▇▇▇▇ or the Trust Company personally, but is made and intended for the purpose of binding only the Trust and the Trust Estate; this Lease is executed and delivered by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ solely in the exercise of the powers expressly conferred upon him as the Individual Owner Trustee under the Trust Agreement; and no personal liability or responsibility is assumed hereunder by or shall at any time be enforceable against ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company, or any successor in trust on account of any action taken or omitted to be taken or any representation, warranty, undertaking or agreement hereunder of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, as Lessor, either expressed or implied, all such personal liability, if any, being expressly waived by the Lessee, except that the Lessee or any Person acting by, through or under it, making a claim hereunder, may look to the Trust Estate for satisfaction of the same and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or his successors in trust, and the Trust Company or its successors in trust, shall be personally liable for his or its own gross negligence or willful misconduct (or negligence, in the case of the handling, holding and transfer of funds) in the performance of its or his or its duties as trustees of the Trust or otherwise. If any successor trustee is appointed for ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company in accordance with the terms of the Trust Agreement, such successor trustee, without any further act, shall succeed to all the rights, duties, immunities and obligations of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ or the Trust Company, as applicable, hereunder and the predecessor trustee shall be released from all further duties and obligations hereunder.
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Concerning the Trust. 1. The Trust shall promptly deliver to the Transfer Agent written notice of any change in the officers authorized to sign Written Instructions or requests, together with a specimen signature of each new Authorized Officer. 2. At any time the Transfer Agent may apply to an Authorized Officer of the Trust for Written Instructions, and may consult counsel for the Trust or its own counsel, with respect to any matter arising in connection with the appointment, and shall not be liable for any action taken or omitted by it in good faith in accordance with such Written Instructions or such opinion of counsel. 3. The copy of the Charter of the Trust and copies- of all amendments thereto shall be certified by the Secretary of State (or other appropriate official) of the state of organ- ization, and if such Charter and/or amendments are required by law also to be filed with a county or other officer or official body, a certificate of such filing shall be filed with a certified copy submitted to the Transfer Agent. A copy of the order or consent of each governmental or regulatory authority required by law as a prerequisite to the issuance of Shares of the Trust shall be certified by the Secretary or other proper officer of such governmental or regulatory authority The copy of the By-Laws and copies of all amendments thereto, and copies of resolutions of the Board of Trustees of the Trust, shall be certified by the Secretary of the Trust under the corporate seal. 4. The Trust or its authorized agent shall be respon- sible for the valuation of its Shares with respect to all purchase and redemption orders.
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Concerning the Trust 
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Related to Concerning the Trust

  • Concerning the Trustee SECTION 8.01.

  • Concerning the Trustees Neither the Original Trustee nor the Series Trustee assumes any duties, responsibilities or liabilities by reason of this Twelfth Supplemental Indenture other than as set forth in the Base Indenture or (with respect to the Series Trustee) as expressly set forth herein and, in carrying out its responsibilities hereunder, each shall have all of the rights, powers, privileges, protections, duties and immunities which it possesses under the Base Indenture. The Original Trustee and the Series Trustee shall not constitute co-trustees of the same trust, and each of the Original Trustee and the Series Trustee shall be trustee of a trust or trusts under the Base Indenture separate and apart from any trust or trusts under the Base Indenture administered by the other trustee. The Original Trustee shall have no liability for any acts or omissions of the Series Trustee and the Series Trustee shall have no liability for any acts or omissions of the Original Trustee. References in this Twelfth Supplemental Indenture to sections of the Base Indenture that require or permit actions by the Original Trustee with respect to Securities of the series established hereby shall be deemed to require or permit actions only by the Series Trustee and the Original Trustee shall have no responsibility therefor.

  • Concerning the Bank (a) The Bank may employ agents or attorneys-in-fact which are not affiliates of the Bank with the prior written consent of the Trust (which consent shall not be unreasonably withheld), and shall not be liable for any loss or expense arising out of, or in connection with, the actions or omissions to act of such agents or attorneys-in-fact, provided that the Bank acts in good faith and with reasonable care in the selection and retention of such agents or attorneys-in-fact. (b) The Bank may, without the prior consent of the Trust, enter into subcontracts, agreements and understandings with any Bank affiliate, whenever and on such terms and conditions as it deems necessary or appropriate to perform its services hereunder. No such subcontract, agreement or understanding shall discharge Bank from its obligations hereunder. 7.2 The Bank shall be entitled to conclusively rely upon any written or oral instruction actually received by the Bank and reasonably believed by the Bank to be duly authorized and delivered. The Trust agrees to forward to the Bank written instructions confirming oral instructions by the close of business of the same day that such oral instructions are given to the Bank. The Trust agrees that the fact that such confirming written instructions are not received or that contrary written instructions are received by the Bank shall in no way affect the validity or enforceability of transactions authorized by such oral instructions and effected by the Bank. If the Trust elects to transmit written instructions through an on-line communication system offered by the Bank, Trust’s use thereof shall be subject to the terms and conditions attached hereto as Appendix A. 7.3 The Bank shall establish and maintain a disaster recovery plan and back-up system satisfying the requirements of its regulators (the “Disaster Recovery Plan and Back-Up System”). The Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its control which are not a result of its negligence, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruption, loss or malfunctions of transportation, computer (hardware or software) or communication services; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation, provided that the Bank has established and is maintaining the Disaster Recovery Plan and Back-Up System, or if not, that such delay or failure would have occurred even if the Bank had established and was maintaining the Disaster Recovery Plan and Back-Up System. Upon the occurrence of any such delay or failure the Bank shall use commercially reasonable best efforts to resume performance as soon as practicable under the circumstances. 7.4 The Bank shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifically set forth in this Agreement and the Participation Agreement, and no covenant or obligation shall be implied against the Bank in connection with this Agreement, except as set forth in this Agreement and the Participation Agreement. 7.5 At any time the Bank may apply to an officer of the Trust for written instructions with respect to any matter arising in connection with the Bank’s duties and obligations under this Agreement, and the Bank, its agents, and subcontractors shall not be liable for any action taken or omitted to be taken in good faith in accordance with such instructions. Such application by the Bank for instructions from an officer of the Trust may, at the option of the Bank, set forth in writing any action proposed to be taken or omitted to be taken by the Bank with respect to its duties or obligations under this Agreement and the date on and/or after which such action shall be taken, and the Bank shall not be liable for any action taken or omitted to be taken in accordance with a proposal included in any such application on or after the date specified therein unless, prior to taking or omitting to take any such action, the Bank has received written or oral instructions in response to such application specifying the action to be taken or omitted. 7.6 The Bank, its agents and subcontractors may act upon any paper or document, reasonably believed to be genuine and to have been signed by the proper person or persons, or upon any instruction, information, data, records or documents provided to the Bank or its agents or subcontractors by or on behalf of the Trust by machine readable input, telex, CRT data entry or other similar means authorized by the Trust, and shall not be held to have notice of any change of authority of any person, until receipt of written notice thereof from the Trust. 7.7 Notwithstanding any provisions of this Agreement to the contrary, the Bank shall be under no duty or obligation to inquire into, and shall not be liable for: (a) The legality of the issue, sale or transfer of any Shares, the sufficiency of the amount to be received in connection therewith, or the authority of the Trust to request such issuance, sale or transfer; (b) The legality of the purchase of any Shares, the sufficiency of the amount to be paid in connection therewith, or the authority of the Trust to request such purchase; (c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or (d) The legality of any recapitalization or readjustment of the Shares.

  • Concerning the Owner Trustee Section 7.01. Acceptance of Trusts and Duties........................................... 21 Section 7.02. Furnishing of Documents................................................... 22 Section 7.03.

  • Concerning the Holders Section 8.01. Action by Holders 45 Section 8.02. Proof of Execution by Holders 45 Section 8.03. Who Are Deemed Absolute Owners 45 Section 8.04. Company-Owned Notes Disregarded 46 Section 8.05. Revocation of Consents; Future Holders Bound 46