Creation of Trust. Each Purchaser hereby irrevocably transfers and assigns to the Trustee, and the Trustee hereby accepts the transfer and assignment of, the right to vote and consent for each Purchaser in connection with all of such Purchaser’s voting and consent rights and responsibilities as a Beneficial Owner of the Subject Shares with respect to the following matters (collectively, the “Voting Matters”):
(a) the election of the two members of the Board of Trustees for which holders of VMTP Shares are exclusively entitled to vote under Section 18(a)(2)(C) of the Investment Company Act of 1940, as amended (the “1940 Act”) and all other rights given to holders of VMTP Shares with respect to the election of the Board of Trustees of the Fund;
(b) the conversion of the Fund from a closed-end management company to an open-end management company, or to change the Fund’s classification from diversified to non-diversified, each pursuant to Section 13(a)(1) of the 1940 Act (any of the foregoing, a “Conversion”), together with any additional voting or consent right under the Statement and the Purchase Agreement that relates solely to any action or amendment to the Statement that is so closely related to the Conversion that it would be impossible to give effect to the Conversion without implicating such additional voting or consent right; provided that any such additional voting or consent right shall not include any voting or consent right related to satisfying any additional term, condition or agreement which the Conversion is conditioned upon or subject to;
(c) the deviation from a policy in respect of concentration of investments in any particular industry or group of industries as recited in the Fund’s registration statement, pursuant to Section 13(a)(3) of the 1940 Act (a “Deviation”), together with any additional voting or consent right under the Statement and the Purchase Agreement that relates solely to any action or amendment to the Statement that is so closely related to the Deviation that it would be impossible to give effect to the Deviation without implicating such additional voting or consent right; provided that any such additional voting or consent right shall not include any voting or consent right related to satisfying any additional term, condition or agreement which the Deviation is conditioned upon or subject to;
(d) borrowing money, issuing senior securities, underwriting securities issued by other Persons, purchasing or selling real estate or commodities or m...
Creation of Trust. A Delaware statutory trust known as “Toyota Auto Receivables 2013-A Owner Trust” was formed in accordance with the provisions of the Statutory Trust Act pursuant to the Original Trust Agreement. The Owner Trustee is hereby authorized and vested with the power and authority to make and execute contracts, instruments, certificates, agreements and other writings on behalf of the Trust as set forth herein and to sue and be sued on behalf of the Trust. The Owner Trustee accepted under the Original Trust Agreement, and does hereby confirm its acceptance and agreement to hold in trust, for the benefit of the Certificateholders and such other Persons as may become beneficiaries hereunder from time to time, all of the Trust Estate conveyed or to be conveyed to the Trust and all monies and proceeds that may be received with respect thereto, subject to the terms of this Agreement.
Creation of Trust. A Delaware statutory trust known as “Nissan Auto Receivables 20[ ]-[ ] Owner Trust” was formed in accordance with the provisions of the Statutory Trust Act pursuant to the Original Trust Agreement, under which name the Issuer may engage in activities as permitted by the Basic Documents, make and execute contracts and other instruments and xxx and be sued, to the extent provided herein.
Creation of Trust. Section 2.01
Creation of Trust. 4 SECTION 2.02 Office............................................................................... 5 SECTION 2.03
Creation of Trust. A Delaware business trust known as "Nissan Auto Receivables ____-_ Owner Trust" was formed in accordance with the provisions of the Business Trust Statute pursuant to the Original Trust Agreement. Under the Original Trust Agreement, the Owner Trustee was authorized and vested with the power and authority to make and execute contracts, instruments, certificates, agreements and other writings on behalf of the Trust as set forth herein and to xxx and be sued on behalf of the Trust. The Owner Trustee accepted under the Original Trust Agreement, and does hereby confirm its acceptance and agreement to hold in trust, for the benefit of the Certificateholders and such other Persons as may become beneficiaries hereunder from time to time, all of the Owner Trust Estate conveyed or to be conveyed to the Trust, and all monies and proceeds that may be received with respect thereto, subject to the terms of this Agreement.
Creation of Trust. Section 2.01. Creation of Trust 4 Section 2.02. Office 4 Section 2.03. Purposes and Powers 5 Section 2.04. Power of Attorney 5 Section 2.05. Declaration of Trust 5 Section 2.06. Liability of the Certificateholders 6 Section 2.07. Title to Trust Property 6 Section 2.08. Situs of Trust 6 Section 2.09. Representations and Warranties of the Depositor 6 Section 2.10. Federal Income Tax Allocations 7 Section 2.11. Covenants of the Trust 8
Creation of Trust. The Depositor and the Trustee hereby create a trust (the “Trust”) on the terms and conditions set forth herein for the benefit of the Depositor. The Trust shall be known as “SWK 20[_] Rights Exchange Trust,” in which name the Trustee may conduct the business of the Trust, make and execute contracts, and xxx and be sued. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Statutory Trust Act”) and that this Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Secretary of State of the State of Delaware in the form attached hereto as Exhibit A.
Creation of Trust. Delivery and Custody of Bonds; Execution and Delivery of Certificates in Respect Thereof. The Trust shall be established by the Depositor by execution and delivery of the Series Trust Agreement and the deposit of the Bonds pursuant thereto. The sole asset of the Trust shall be the Bonds deposited by the Depositor and any other related property specified in the Series Trust Agreement. The Certificates shall evidence fractional interests in designated portions of the assets of the Trust. The income received by, and the assets of, the Trust shall be distributed solely in accordance with this Agreement. The Depositor shall, by book-entry credit or otherwise, irrevocably deliver the Bonds to the Trustee and, concurrently therewith, the Trustee shall, in accordance with the provisions of this Agreement, execute and deliver to the Depositor, or such Person or Persons as the Depositor may designate by written instruction, the classes of Certificates identified in the Series Trust Agreement, evidencing the aggregate amount, in Authorized Denominations, of the Bonds so delivered to the Trustee. The Depositor shall also, in connection with the Series Trust Agreement, enter into a separate agreement with the Trustee, satisfactory to the Trustee, providing for the payment of the charges and expenses of the Trustee in respect of such Certificates. The Trustee shall accept the Bonds so delivered as trustee for the Holders of the Certificates, which shall be delivered hereunder to evidence the interests of the Holders in the Bonds, and shall hold the Bonds as provided hereunder. The Bonds shall be deposited by Book-Entry Credit in an account maintained on behalf of the Trustee at DTC, unless the Series Trust Agreement specifies that the Trustee shall hold the Bonds (i) in a special trust account created by separate recordation on its books, separate from all other assets of the Trustee, or (ii) in some other manner. Separate subaccounts of any such special trust account shall be established for each series of Certificates. The Trustee shall hold all the Bonds delivered to it pursuant to this Agreement in trust for the Holders, identified and held separate and apart from the general assets of the Trustee. The account of the Trustee in which the Bonds are held shall not contain any property of the Trustee in its individual capacity and shall contain only property held by the Trustee as fiduciary. The Trustee agrees that it does not have the authority to assign, transfer, en...
Creation of Trust. 4 SECTION 2.1. Creation of Trust. . . . . . . . . . . . . . . . 4 SECTION 2.2. Office . . . . . . . . . . . . . . . . . . . . . 4 SECTION 2.3.
