Covenants by Trustee Sample Clauses

Covenants by Trustee. The Trustee hereby covenants as follows: 20.2.1 that it will exercise all due care, diligence and vigilance in carrying out its functions and duties and in safeguarding the rights and interests of Holders; 20.2.2 that it will cause the Accounts to be audited at the end of each Financial Year by the Auditors; 20.2.3 that, after the Listing Date, it will send or cause to be sent to each Holder or (as the case may be) the Depository (in respect of the Depositors) the Accounts of the Trust with the report of the Auditors thereon and the annual report on the Trust, within three months from the end of each Financial Year (or within such other period as may be prescribed by the relevant authorities); 20.2.4 that it will send or cause to be sent to the Manager all notices, reports, accounts, circulars and other documents which are received by it or on its behalf as the holder of any Authorised Investment for the time being constituting part of the Deposited Property; 20.2.5 that it will conduct all transactions with or for the Trust on an arm's length basis and on normal commercial terms; 20.2.6 that it will at all times, after the Listing Date, comply with the Tax Ruling (where applicable), the Code, the Property Funds Guidelines and the Listing Rules (and the listing rules of any other relevant Recognised Stock Exchange); and 20.2.7 that it will duly perform and comply with all obligations imposed on it by any agreement it enters into as trustee of the Trust.
Sample 1
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Covenants by Trustee. If the Company shall fail to perform any of its covenants and obligations contained in this Indenture, the Trustee may notify the Warrantholders of the failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Warrantholders. All sums expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.3. No performance, expenditure or advance by the Trustee shall be deemed to relieve the Company of any default or of its continuing obligations hereunder.
Sample 1
Covenants by Trustee. 11.1 The Trustee hereby covenants as follows: 11.1.1 that it will exercise all due diligence and vigilance in carrying out its functions and duties and in accordance with the rights and interests of beneficiaries under the Trust created pursuant to this Trust Deed; 11.1.2 that it will keep or cause to be kept proper books of accounts in relation to those rights and interests; 11.1.3 that it will send to the Company as soon as practicable and in any event within fifteen (15) Business Days after the end of each calendar month, a monthly report setting out: (i) the number of Restricted Shares held by the Trustee as at the last day of the previous calendar month; (ii) the amount of Trust Property in the nature of moneys; (iii) the brokerage charges, if any, incurred in the previous calendar month; 11.1.4 at the request of the Company, the Trustee shall provide (within fifteen (15) Business Days of the request) the following information: (i) such information relating to the Trust Property and to dealings by the Trustee in relation to the Trust Property that would enable directors of the Company or its Affiliates to comply with their disclosure obligations; (ii) such other information within the knowledge, possession or control of the Trustee that is required for the performance or conduct of business of the Company or its Affiliates; and 11.1.5 at the request of the Company, that it will appoint an approved company auditor or auditors as defined in Section 4(1) of the Singapore Companies Act, Chapter 50 as auditor or auditors of the Trust created pursuant to this Trust Deed and cause its accounts to be audited by such appointed auditor and deliver a copy of such audited accounts to the Company; and 11.1.6 it will conduct all transactions with or for the Trust created pursuant to this Trust Deed at arm's length; and 11.1.7 it will ensure that it complies with all tax reporting, filing and withholding requirements only in relation to the Trust and its administration thereof.
Sample 1

Related to Covenants by Trustee

  • Reports by Trustee The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will notify the Trustee when any Securities are listed on any stock exchange.

  • Actions by Trustee SECTION 5.1 Prior Notice to Certificateholders with Respect to Certain Matters............. 21 SECTION 5.2 Action by Trustee with Respect to Certain Matters.............................. 22 SECTION 5.3

  • Reports by Trustee to Holders Within 60 days after each May 15 beginning with the May 15 following the date of this Indenture, the Trustee shall mail to each Securityholder a brief report dated as of such May 15 that complies with TIA Section 313(a), if required by such Section 313(a). The Trustee also shall comply with TIA Section 313(b). A copy of each report at the time of its mailing to Securityholders shall be filed with the SEC and each securities exchange, if any, on which the Securities are listed. The Company agrees to notify the Trustee promptly whenever the Securities become listed on any securities exchange and of any delisting thereof.

  • Reports by Trustee to the Holders As promptly as practicable after each June 30 beginning with the June 30 following the date of this Indenture, and in any event prior to August 30 in each year, the Trustee shall send to each Holder a brief report dated as of such June 30 that complies with Section 313(a) of the TIA if and to the extent required thereby. The Trustee shall also comply with Section 313(b) of the TIA. A copy of each report at the time of its mailing to the Holders shall be filed with the SEC and each stock exchange (if any) on which the Securities are listed. The Issuer agrees to notify promptly the Trustee in writing whenever the Securities become listed on any stock exchange and of any delisting thereof.

  • Reports by Trustee to Holders of the Notes (a) Within 60 days after each May 15 beginning with the May 15 following the date of this Indenture, and for so long as Notes remain outstanding, the Trustee will mail to the Holders of the Notes a brief report dated as of such reporting date that complies with TIA § 313(a) (but if no event described in TIA § 313(a) has occurred within the twelve months preceding the reporting date, no report need be transmitted). The Trustee also will comply with TIA § 313(b)(2). The Trustee will also transmit by mail all reports as required by TIA § 313(c). (b) A copy of each report at the time of its mailing to the Holders of Notes will be mailed by the Trustee to the Company and filed by the Trustee with the SEC and each stock exchange on which the Notes are listed in accordance with TIA § 313(d). The Company will promptly notify the Trustee when the Notes are listed on any stock exchange.

  • Effectuation of Subordination by Trustee Each holder of Securities or Coupons, by his acceptance thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

  • Proceedings by Trustee In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

  • Rules by Trustee and Agents The Trustee may make reasonable rules for action by or at a meeting of Holders. The Registrar or Paying Agent may make reasonable rules and set reasonable requirements for its functions.

  • Holders Lists and Reports by Trustee 25 Section 6.01. Company to Furnish Trustee Names and Addresses of Holders............................25 Section 6.02. Preservation of Information; Communications to Holders...............................26

  • Reliance by Trustee Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountants, auditors or other experts shall be full and complete protection to the Trustee, the employees and the agents of the Trustee in respect of any action taken or omitted or suffered by them in good faith and in reliance on, or in accordance with, such advice or opinion. (c) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this Trust, and the Trustee shall have no obligation to satisfy any such liability. (d) As far as practicable and except as expressly permitted above, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, or their agents liable, nor shall the Trustee be liable to anyone for such omission.

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