Direction of Trustee. At the direction of the Agent or the Majority Lenders, exercise its right under Section 8.14 of the Pooling Agreement to direct the trustee under the Bunge Master Trust when the Lenders are affected by the conduct of any proceeding or the exercise of any right conferred on the trustee under the Bunge Master Trust.
Direction of Trustee. Upon the happening of any Event of Default, except as expressly provided herein, the Noteholders of at least a majority of the Outstanding Amount of the Highest Priority Notes, shall have the right by an instrument or instruments in writing delivered to the Trustee to direct and control the Trustee as to the method of taking any and all proceedings for any investment or sale of any or all of the Trust Estate (in accordance with and subject to the satisfaction of the further conditions set forth in Section 6.04 hereof), or for the appointment of a
Direction of Trustee. By taking delivery of a Special Warrant Certificate, the holder of the Special Warrants represented thereby is deemed to have irrevocably authorized and directed the Trustee to convert such Special Warrants pursuant to, and in accordance with, Section 4.2(a) hereof.
Direction of Trustee. Any investment direction shall be made in writing by the Employer, investment manager, or other properly authorized person, as applicable. A Directed Trustee must act solely in accordance with the direction of the Plan Administrator, the Employer, any employees or agents of the Employer, a properly appointed investment manager or other fiduciary of the Plan, a Plan Participant or other properly authorized person. (See Section 10.07 of the Plan and Section 1.04 of this ASC Trust Agreement (Governmental) relating to Participant-directed investments.)
Direction of Trustee. Upon the happening of any Event of Default, the Registered Owners of a majority in aggregate principal amount of the Notes then Outstanding, shall have the right by an instrument or instruments in writing delivered to the Trustee to direct and control the Trustee as to the method of taking any and all proceedings for any sale of any or all of the Trust Estate, or for the appointment of a receiver, if permitted by law, and may at any time cause any proceedings authorized by the terms hereof to be so taken or to be discontinued or delayed. The provisions of this Section shall be expressly subject to the provisions of Sections 7.01(c), 7.05 and 7.07 hereof.
Direction of Trustee. 68 Section 9.14. No Action Except Under Agreement or Upon Instructions................................. 68 Section 9.15. Representations and Warranties of the Trustee......................................... 69 Section 9.16. Separate Trustees and Co-Trustees..................................................... 69
Direction of Trustee. All action by the Named Fiduciary of the Plan as required by the Trust has been taken to direct the Trustee to enter into the Loan and the Note and to direct the Trust to enter into the brokerage agreement and to purchase Shares during the Purchase Period. The Company has engaged Banc of America Securities LLC to act as broker (“Broker”) in connection with the purchase of Shares and that the Company will, to the extent required by ERISA, provide direction to the Trustee to act consistent with the confirmations provided by the Broker to the Trustee in connection with the purchase of Shares. The purchase of the Shares shall be made utilizing an automated trading system. No provision of the contractual agreement between the Company and the Broker nor any action by the Company or the Broker shall constitute a delegation of the fiduciary responsibility of the Company and its Board of Directors under the Trust to direct the Trustee with respect to the purchase of Shares. All of the representations, warranties and covenants of the Company set forth in the engagement agreement with the Broker is hereby made to the Trustee as though fully set forth herein. The Company shall provide written, electronic evidence as requested by the Trustee from time to time of its direction to the Trustee contemplated by this Section 4.2(c).
Direction of Trustee. By executing this Agreement, the Co-Issuers, the Class A-1R Note Agent and the Class A-1R Initial Noteholder hereby consent to the terms of this Agreement and direct the Trustee to execute and deliver this Agreement, and acknowledge and agree that the Trustee shall be fully protected in relying upon the foregoing consent and direction and hereby release the Trustee and its officers, directors, agents, employees and shareholders, as applicable, from any liability for complying with such direction, except as a result of the bad faith, gross negligence or willful misconduct of the Trustee.
Direction of Trustee. Have the authority to direct the Trustee to make payment of any benefits as they become payable under the Plan.
Direction of Trustee. It shall be the duty of the Administrator to direct the Trustee with regard to the allocation and the distribution of the benefits to the Participants and others hereunder.
