Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in this Condition) the Trustee shall have regard to the interests of the Bondholders as a class and shall not have regard to the consequences of such exercise for individual Bondholders and the Trustee shall not be entitled to require, nor shall any Bondholder be entitled to claim from the Issuer, any indemnification or payment in respect of any tax consequences of any such exercise upon individual Bondholders.
Entitlement of the Trustee. In accordance with the terms of the Trust Deed, in connection with the exercise of its functions under the relevant Programme Documents, the Trustee will have regard solely to the interests of the ETP Securityholders as a Series and will not have regard to the consequences of such exercise for individual ETP Securityholders and the Trustee will not be entitled to require, nor shall any ETP Securityholder be entitled to claim, from the Issuer any indemnification or payment in respect of any Tax consequence of any such exercise upon individual ETP Securityholders. So long as the ETP Securities are in global form and such Global Security is held by or on behalf of the Relevant Clearing System, in considering the interests of ETP Securityholders, the Trustee may have regard to any information provided to it by the Relevant Clearing System or its operator as to the identity (either individually or by category) of its accountholders or participants with entitlements to any such Global Security and may consider such interests on the basis that such accountholders or participants were the holder(s) thereof.
Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in the Conditions and this Trust Deed) the Trustee shall have regard to the interests of the Noteholders as a class and shall not have regard to the consequences (including but not limited to tax consequences) of such exercise for individual Noteholders or Couponholders and the Trustee shall not be entitled to require, nor shall any Noteholder or Couponholder be entitled to claim, from the Issuer or the Guarantor any indemnification or payment in respect of any tax consequence of any such exercise upon individual Noteholders or Couponholders, subject to applicable mandatory provisions of Italian law.
Entitlement of the Trustee. In connection with the exercise of any of its functions under the relevant Programme Documents, the Trustee shall have regard to the interests of the ETP Securityholders as a Series and shall not have regard to the consequences of such exercise for individual ETP Securityholders and the Trustee shall not be entitled to require, nor shall any ETP Securityholder be entitled to claim, from the Issuer any indemnification or payment in respect of any Tax consequence of any such exercise upon individual ETP Securityholders.
Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in this Condition) the Trustee shall have regard to the interests of the Noteholders as a class and, in particular but without limitation, shall not have regard to the consequences of the exercise of its trusts, powers or discretions for individual Noteholders resulting from their being for any purpose domiciled or resident in, or otherwise connected with, or subject to the jurisdiction of, any particular territory, and the Trustee shall not be entitled to require, nor shall any Noteholder be entitled to claim, from the Issuer or any other person any indemnification or payment in respect of any tax consequence of any such exercise upon individual Noteholders.
Entitlement of the Trustee. The Trustee shall not and shall not be obliged to take any action in relation to this Trust Deed or the Notes (including but not limited to the giving of any notice pursuant to Condition 17 or the taking of any proceedings and/or other steps mentioned in sub-clause 8.1) against the Issuer to enforce the terms of the Trust Deed or the Notes unless:
(a) it shall have been so requested by an Extraordinary Resolution of the Noteholders; or
(b) it shall have been so requested in writing by the Noteholders of at least 25 per cent. in principal amount of the Notes then outstanding; and in each case, it shall have been indemnified and/or secured and/or pre-funded to its satisfaction.
Entitlement of the Trustee. (ooo) In connection with the exercise of its functions (including but not limited to those referred to in this Condition 13(D)) the Trustee shall have regard to the interests of the Securityholders as a class and shall not have regard to the consequences of such exercise for individual Securityholders and the Trustee shall not be entitled to require, nor shall any Securityholder be entitled to claim from the Issuer, any indemnification or payment in respect of any tax consequences of any such exercise upon individual Securityholders.
Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in this Condition) the Trustee shall have regard to the interests of the ECN Holders as a class and shall not have regard to the consequences of such exercise for individual ECN Holders or Couponholders and the Trustee shall not be entitled to require, nor shall any ECN Holder or Couponholder be entitled to claim, from the Issuer or [the]*/[either]** Guarantor any indemnification or payment in respect of any tax consequence of any such exercise upon individual ECN Holders or Couponholders.
Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in this Condition) the Trustee shall have regard to the interests of the Noteholders as a class but shall not have regard to any interests arising from circumstances particular to individual Noteholders (whatever their number) and, in particular but without limitation, shall not have regard to the consequences of the exercise of its trusts, powers or discretions for individual Noteholders (whatever their number) resulting from their being for any purpose domiciled or resident in, or otherwise connected with, or subject to the jurisdiction of, any particular territory, and the Trustee shall not be entitled to require, nor shall any Noteholder be entitled to claim, from the Issuer, the Trustee or any other Person any indemnification or payment in respect of any tax consequence of any such exercise upon individual Noteholders except to the extent already provided for in Condition 9 (Taxation) and/or any undertaking given in addition to, or in substitution for, Condition 9 (Taxation) pursuant to the Trust Deed. The Trust Deed contains provisions permitting the Trustee to agree in circumstances, subject to such amendment to the Trust Deed and such other conditions as are set out in the Trust Deed, but without the consent of the Noteholders, to the substitution of the Issuer’s successor in business, transferee or assignee or any Subsidiary of the Issuer or its successor in business, transferee or assignee in place of the Issuer (or of any previous substitute under this sub-clause) as the principal debtor or guarantor under this Trust Deed and the Subordinated Notes.
Entitlement of the Trustee. In connection with the exercise of its functions (including but not limited to those referred to in this clause 19, Condition 16 (Meetings of Noteholders) and Condition 17 (Modification and Waiver), the Trustee shall have regard to the interests of the Noteholders as a class (but shall have regard to the VRR Entrenched Rights) and, in particular, but without prejudice to the generality of the foregoing, shall not have regard to the consequences of such exercise for individual Noteholders or the VRR Lender resulting from their being for any purpose domiciled or resident in, or otherwise connected with, or subject to the jurisdiction of, any particular territory or otherwise to the Tax consequences thereof, and the Trustee shall not be entitled to require, nor shall any Noteholder or the VRR Lender be entitled to claim from the Issuer or the Trustee, any indemnification or payment in respect of any Tax consequence of any such exercise upon individual Noteholders or the VRR Lender.
