Common use of Determination by Trustee Clause in Contracts

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. Subject to and without prejudice to Base Condition 9.4 and the Transaction Agreements, if 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, do so (or will appoint an agent on its behalf to do so 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) 5.10 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.