DECLARATIONS OF TRUST Sample Clauses

DECLARATIONS OF TRUST. A copy of each Fund's Amended and Restated Declaration of Trust is on file with the Secretary of State of the Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the Trustees of each Fund as trustees and not individually and that the obligations of each Fund under this instrument are not binding upon any of such Fund's Trustees, officers, or shareholders individually but are binding only upon the assets and property of such Fund. Each Fund agrees that its obligations hereunder apply only to such Fund and not to its shareholders individually or to the Trustees of such Fund.

DECLARATIONS OF TRUST. 2.1 The Seller hereby declares, that it holds and, subject to clause 6 hereof, shall henceforth hold the Scottish Sale Assets and its whole right, title and interest, present and future, therein and thereto in trust absolutely for the Issuer and its assignees (whether absolutely or in security) whomsoever. 2.2 The Seller hereby declares that it holds and, subject to clause 6 hereof, shall henceforth hold all of its right, title, benefit and interest in and to each Vehicle relating to each Sale Asset listed in the Schedule attached to the Notice of Sale and all amounts received in respect thereof including, in particular, any and all amounts received in connection with any sale or other disposal of any Vehicle and all of its right, title, benefit and interest in and under any contracts or other agreement for any such sale or other disposal upon trust absolutely for the Issuer and its assignees (whether absolutely or in security) whomsoever for the purposes of the Receivables Purchase Agreement.

DECLARATIONS OF TRUST. A copy of each Fund's Amended and Restated Trust Instrument is on file with the Secretary of State of the State of Delaware, and notice is hereby given that this instrument is executed on behalf of the Trustees of each Fund as trustees and not individually and that the obligations of each Fund under this instrument are not binding upon any of such Fund's Trustees, officers, or shareholders individually but are binding only upon the assets and property of such Fund. Each Fund agrees that its obligations hereunder apply only to such Fund and not to its shareholders individually or to the Trustees of such Fund.

DECLARATIONS OF TRUST. 2.1 The Seller hereby declares, that it holds and, subject to clause 6 (Repurchase) hereof, shall henceforth hold the Scottish Sale Assets and its whole right, title and interest, present and future, therein and thereto in trust absolutely for the Issuer and its assignees (whether absolutely or in security) whomsoever. 2.2 The Seller hereby declares that it holds and, subject to clause 6 (Repurchase) hereof, shall henceforth hold all of its right, title, benefit and interest in and to each Vehicle relating to each Sale Asset listed in the Schedule attached to the Notice of Sale and all amounts received in respect thereof including, in particular, any and all amounts received in connection with any sale or other disposal of any Vehicle and all of its right, title, benefit and interest in and under any contracts or other agreement for any such sale or other disposal upon trust absolutely for the Issuer and its assignees (whether absolutely or in security) whomsoever for the purposes of the Receivables Purchase Agreement.

DECLARATIONS OF TRUST. The Tenant shall not make any declaration of trust of the whole or any part of its interest in the Premises or this Lease.

DECLARATIONS OF TRUST. The respective names Schwab Capital Trust, Schwab Investments, The Charles Schwab Family of Funds and Schwab Annuity Portfolios referx xx xxcx xx xuch respective Funds and its Trustees, as Trustees but not individually or personally, acting under their respective Declarations of Trust dated May 6, 1993, October 26, 1990, May 9, 1995 and January 21, 1994. The obligations of any one of the aforementioned Funds entered into in the name of or on behalf of a Portfolio of such Fund by any of the Trustees, representatives or agents of such Fund are made not individually, but in such capacities. Such obligations are not binding upon any of the Trustees, shareholders or representatives of such Fund personally, but bind only the assets of such Fund belonging to such Portfolio for the enforcement of any claims against such Fund.

DECLARATIONS OF TRUST. 5.1 Notwithstanding the sales effected by this Agreement but without prejudice to the terms of the Collection Accounts Declaration of Trust, if at, or at any other time after, the Closing Date (but prior to any repurchase in accordance with Clause 8 (Warranties and Repurchase by the Seller)) the Seller holds, or there is held to its order, or it receives, or there is received to its order, any property, interests, rights or benefits and/or the proceeds thereof (including the proceeds of any claim under the Insurance Policies) hereby agreed to be sold to the Issuer (and not repurchased by the Seller pursuant to Clause 8 (Warranties and Repurchase by the Seller)), the Seller undertakes to each of the Issuer and the Security Trustee that, subject to Clause 6 (Perfection of the Sale), it will promptly remit, assign and/or transfer the same to the Issuer or, if appropriate, the Security Trustee or as any of them shall direct and until it does so or to the extent that the Seller is unable to effect such remittance, assignment, or transfer, it will hold such property, interests, rights or benefits and/or the proceeds thereof upon bare trust for the Issuer and/or the Security Trustee (as applicable). 5.2 If at, or any time after, the Closing Date the Issuer holds, or there is held to its order, or it receives, or there is received to its order, any property, interests, rights or benefits relating to any Loan and its Related Security repurchased by the Seller pursuant to Clause 8 (Warranties and Repurchase by the Seller) and/or the proceeds thereof, the Issuer undertakes to the Seller that it will remit, assign, re-assign or transfer the same to the Seller, as the case may require, and until it does so or to the extent that the Issuer is unable to effect such remittance, assignment, re-assignment or transfer, the Issuer undertakes to hold such property, interests, rights or benefits and/or the proceeds thereof upon bare trust for the Seller as the beneficial owner thereof or as the Seller may direct, provided that the Issuer shall not be in breach of its obligations under this Clause 5.2 if, having received any such monies and paid them to third parties in error, it pays an amount equal to the monies so paid in error to the Seller in accordance with the Servicing Agreement.

DECLARATIONS OF TRUST. 24 Group sharing of occupation........................................................................24

DECLARATIONS OF TRUST. Except as otherwise expressly permitted by this Agreement, prior to the earlier of the termination of this Agreement in its entirety or the last Closing hereunder, without the prior written consent of R&B and the Property Partnerships (which consent may be withheld in R&B’s and the Property Partnerships’ sole and absolute discretion), ASOT and ASN shall not amend or modify the ASOT Declaration of Trust or the ASN Declaration of Trust, respectively, except for (i) amendments or modifications approved by the unitholders or shareholders of ASOT or ASN, respectively, in accordance with the ASOT Declaration of Trust or the ASN Declaration of Trust, respectively, and in accordance with Maryland law, (ii) the filing of Articles Supplementary to the ASOT Declaration of Trust or the ASN Declaration of Trust providing for the issuance and classification of additional classes or series of units of beneficial interest or shares of beneficial, respectively, including, but not limited to, the filing of Articles Supplementary with respect to the Series N Preferred Units or (iii) an other amendment or modification that does not affect the R&B Group in a material and adverse manner.

DECLARATIONS OF TRUST. THE DECLARATION OF TRUST OF EACH OF SNH, SPTIHS, HRES1 AND HRES2, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (EACH A "DECLARATION"), IS DULY FILED IN THE OFFICE OF THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "SENIOR HOUSING PROPERTIES TRUST," "SPTIHS PROPERTIES TRUST," "HRES1 PROPERTIES TRUST" AND "HRES2 PROPERTIES TRUST," AS THE CASE MAY BE, REFERS TO THE TRUSTEES UNDER EACH SUCH DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF SNH, SPTIHS, HRES1 OR HRES2, AS THE CASE MAY BE, SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, SNH, SPTIHS, HRES1 OR HRES2. ALL PERSONS DEALING WITH SNH, SPTIHS, HRES1 OR HRES2 IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF SNH, SPTIHS, HRES1 OR HRES2, RESPECTIVELY, FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION.