Custodian’s Representations. The Custodian represents and warrants to the Trust that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement): (1) the Custodian has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement; (2) the persons entering into this Agreement on behalf of the Custodian have been duly authorised to do so; and (3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 12 contracts
Samples: Allocated Account Agreement, Allocated Account Agreement, Allocated Account Agreement (Aberdeen Standard Silver ETF Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons entering into this Agreement on behalf of the Custodian have been duly authorised Authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 12 contracts
Samples: Unallocated Account Agreement, Unallocated Account Agreement (Aberdeen Standard Silver ETF Trust), Unallocated Account Agreement (ETFS Gold Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Custodian have has been duly authorised Authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 5 contracts
Samples: Unallocated Account Agreement (ETFS Asian Gold Trust), Unallocated Account Agreement (ETFS White Metals Basket Trust), Unallocated Account Agreement (ETFS White Metals Basket Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust Trustee that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion Gold under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Custodian have has been duly authorised Authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 5 contracts
Samples: Trust Unallocated Account Agreement, Depositary Trust Agreement (Merk Gold Trust), Trust Unallocated Account Agreement (Merk Gold Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Custodian have has been duly authorised to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 5 contracts
Samples: Allocated Account Agreement (ETFS Asian Gold Trust), Allocated Account Agreement (ETFS White Metals Basket Trust), Allocated Account Agreement (ETFS White Metals Basket Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust Trustee that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion Physical Gold under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Custodian have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.
Appears in 5 contracts
Samples: Allocated Account Agreement, Depositary Trust Agreement (Merk Gold Trust), Depositary Trust Agreement (Merk Gold Trust)
Custodian’s Representations. The Custodian represents and warrants to the Trust that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement):
(1) the Custodian has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons entering into this Agreement on behalf of the Custodian have been duly authorised to do so; and
(3) this Agreement and the obligations created under it are binding upon the Custodian and enforceable against the Custodian in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Custodian is bound.of
Appears in 1 contract
