Experts, Advisers and Agents. The Exchange Trustee may: (a) in relation to this Agreement, the Trust Notes — Series 2017-A Provisions and/or the TCPL Exchange Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and (b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange Trustee Subject to Section 10.6, the Collateral Agent may:
(a1) in relation to this Agreement, the Trust Notes — Series 2017-A Provisions and/or the TCPL Exchange Preferred Share Provisions, employ or retain and act and rely on the opinion or advice of, of or information obtained from or prepared by, any solicitor, auditor, accountantvaluator, appraiserengineer, valuator surveyor, appraiser or other expert, whether retained obtained by the Exchange Collateral Agent, the Trustee or by the Trust and/or TCPL Corporation, or otherwise, and may retain shall not be liable for acting, or employ refusing to act, in good faith on any such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder opinion or advice and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b2) retain or employ such legal counsel, agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) and shall not be responsible for the negligent actions of misconduct of such parties, in the discharge of its duties hereunder hereof and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunderhereunder and in the management of the obligations hereof and any solicitors employed or consulted by the Collateral Agent may, but need not be, solicitors for the Corporation.
Appears in 2 contracts
Experts, Advisers and Agents. The Exchange In addition to and without limiting the Trust Indenture, the Indenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 2017-A Provisions and/or the TCPL Exchange Deferral Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Indenture Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange Debenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 2017-A Provisions and/or the TCPL Exchange Preferred Share Provisions, employ or retain and act and rely on the opinion or advice of, of or information obtained from or prepared by, any solicitor, auditor, accountantvaluer, appraiserengineer, valuator surveyor, appraiser or other expert, whether retained obtained by the Exchange Debenture Trustee or by the Trust and/or TCPL Corporation, or otherwise, and may retain will not be liable for acting, or employ refusing to act, in good faith on any such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder opinion or advice and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall will be entitled to receive reasonable remuneration for all services performed by itit from the Corporation) in the discharge of its duties hereunder the trusts hereof and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunderhereunder and in the management of the trusts hereof and any solicitors employed or consulted by the Debenture Trustee may, but need not be, solicitors for the Corporation. The Corporation shall pay or reimburse the Debenture Trustee for any reasonable fees, expenses and disbursements of such agents, counsel or advisors retained under Section 15.7.
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Experts, Advisers and Agents. The Exchange Debenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 2017-A Provisions and/or the TCPL Exchange Preferred Share Provisions, employ or retain and act and rely on the opinion or advice of, of or information obtained from or prepared by, any solicitor, auditor, accountantvaluer, appraiserengineer, valuator surveyor, appraiser or other expert, whether retained obtained by the Exchange Debenture Trustee or by the Trust and/or TCPL Trust, or otherwise, and may retain shall not be liable for acting, or employ refusing to act, in good faith on any such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder opinion or advice and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder the trusts hereof and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunderhereunder and in the management of the trusts hereof and any solicitors employed or consulted by the Debenture Trustee may, but need not be, solicitors for the Trust.
Appears in 2 contracts
Samples: Trust Indenture (Pengrowth Energy Trust), Trust Indenture (Harvest Energy Trust)
Experts, Advisers and Agents. The Exchange Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172016-A Provisions and/or the TCPL Exchange Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange In addition to and without limiting the Trust Indenture, the Indenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172015-A Provisions and/or the TCPL Exchange Deferral Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Indenture Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172019-A Provisions and/or the TCPL Exchange Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange In addition to and without limiting the Trust Indenture, the Indenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172016-A Provisions and/or the TCPL Exchange Deferral Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Indenture Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange In addition to and without limiting the Trust Indenture, the Indenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172019-A Provisions and/or the TCPL Exchange Deferral Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Indenture Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange Trustee may:
(a) in relation to this Agreement, the Trust Notes — Series 20172015-A Provisions and/or the TCPL Exchange Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 2 contracts
Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)
Experts, Advisers and Agents. The Exchange In addition to and without limiting the Trust Indenture, the Indenture Trustee may:
(a) in relation to this Agreement, the Trust Notes — – Series 20172022-A Provisions and/or the TCPL Exchange Deferral Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Indenture Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 1 contract
Samples: Assignment and Set Off Agreement (TransCanada Trust)
Experts, Advisers and Agents. The Exchange Trustee may:
(a) in relation to this Agreement, the Trust Notes — – Series 20172022-A Provisions and/or the TCPL Exchange Preferred Share Provisions, act and rely on the opinion or advice of, or information obtained from or prepared by, any solicitor, auditor, accountant, appraiser, valuator or other expert, whether retained by the Exchange Trustee or by the Trust and/or TCPL or otherwise, and may retain or employ such assistants as may be necessary to the proper determination and discharge of its powers, duties and obligations and the determination of its rights hereunder and may pay proper and reasonable compensation for all such legal and other advice or assistance as aforesaid; and
(b) retain or employ such agents and other assistants as it may reasonably require for the proper determination and discharge of its powers and duties hereunder, and may pay reasonable remuneration for all services performed for it (and shall be entitled to receive reasonable remuneration for all services performed by it) in the discharge of its duties hereunder and compensation for all disbursements, costs and expenses made or incurred by it in the determination and discharge of its duties hereunder.
Appears in 1 contract