Determination by Trustee Clause Samples
Determination by Trustee. Subject to and without prejudice to Base Condition 9.4 and the Transaction Agreements, if at any time the Calculation Agent does not make a required determination, the Trustee will, subject to its being indemnified and/or secured and/or pre-funded to its satisfaction or provided with a Trustee Indemnity Letter, appoint an agent on its behalf to do so and the Calculation Agent will be deemed to have made such determination. In doing so, the Trustee will apply the provisions of this Base Condition 5.8(c) to the extent reasonably practicable, and, in all other respects it will do so in such manner as it will deem fair and reasonable in all the circumstances.
Determination by Trustee. If at any time the Calculation Agent does not make a required determination, the Trustee will do so (or will appoint an agent on its behalf to do so) and the Calculation Agent will be deemed to have made such determination. In doing so, the Trustee will apply the provisions of this Condition to the extent reasonably practicable, and, in all other respects it will do so in such manner as it will deem fair and reasonable in all the circumstances.
Determination by Trustee. The Trustee has determined, in the exercise of its reasonable judgment, that, assuming the receipt by the Trustee of the fairness opinion described in Article VI, the transactions contemplated hereby are in the best interest of the Participants and are in compliance with all applicable provisions of the Code and ERISA.
Determination by Trustee. The Trustee may as between itself and the Noteholders determine all questions and matters of doubt arising in relation to any of the provisions of this Deed and every such determination whether made upon a question actually raised or implied in the acts or proceedings of the Trustee will be conclusive unless a court of competent jurisdiction otherwise orders.