Common use of Indemnification Prior to Certain Actions by Exchange Trustee Clause in Contracts

Indemnification Prior to Certain Actions by Exchange Trustee. Notwithstanding any other provision of this Agreement, the Exchange Trustee shall only be required to exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the written request, order or direction of any Holder upon such Holder furnishing to the Exchange Trustee reasonable funds, security and indemnity satisfactory to the Exchange Trustee, acting reasonably, against the costs, expenses and liabilities that may be incurred by the Exchange Trustee therein or thereby, provided that no Holder will be obligated to furnish to the Exchange Trustee any such funding, security or indemnity in connection with the exercise, but not the enforcement, by the Exchange Trustee of any of its rights, duties, powers and authorities vested in it by this Agreement. None of the provisions contained in this Agreement shall require the Exchange Trustee to expend or risk its own funds or otherwise incur financial liability in the exercise of any of its rights, powers, duties or authorities under this Agreement nor limits the Exchange Trustee, acting reasonably, from requesting an indemnity, before any enforcement of rights. In addition, the Exchange Trustee shall disburse funds only to the extent that funds have been deposited with it.

Appears in 9 contracts

Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)

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