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

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE 5, subject to Section 6.15. (2) None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share Acquiror Shares held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) . None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable fundingsecurity, security and indemnity funding or indemnity, satisfactory to Trustee, acting reasonably, against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such fundingsecurity, security funding or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Parent Special Voting Share Shares pursuant to ARTICLE Article 4, subject to Section 6.15 6.14, and with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.156.14, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) 6.14. None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary Holder upon such Beneficiary Holder furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which that may be incurred by the Trustee therein or thereby, provided that no Beneficiary Holder shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to (i) the Special Voting Share pursuant to ARTICLE 4Article 4 hereof, subject to Section section 6.15 and with respect to hereof, (ii) the Exchange Right pursuant to ARTICLE 5Article 5 hereof, subject to Section 6.15section 6.15 hereof, and with respect to (iii) the Automatic Exchange Right Rights pursuant to ARTICLE 5, subject to Section 6.15. (2) Article 5 hereof. None of the provisions contained in this Agreement shall require the Trustee to expend or risk its own funds or otherwise incur financial liability in the exercise of any of its rights, powers, duties, duties or authorities unless funded, funded and given security or indemnified and indemnity as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE 4Article 4 hereof, subject to Section 6.15 section 8.15, and with respect to the Exchange Right pursuant to ARTICLE 5Article 5 hereof, subject to Section 6.15section 8.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE 5, subject to Section 6.15. (2) Article 5 hereof. None of the provisions contained in this Agreement shall require the Trustee to expend or risk its own funds or otherwise incur financial liability in the exercise of any of its rights, powers, duties, duties or authorities unless funded, given security or and indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary Holder upon such Beneficiary Holder furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary Holder shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE 4Article 4 hereof, subject to Section 6.15 7(o) hereof, and with respect to the Exchange Right pursuant to ARTICLE 5Article 5 hereof, subject to Section 6.157(o) hereof, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE 5, subject to Section 6.15. (2) Article 5 hereof. None of the provisions contained in this Agreement shall require the Trustee to expend or risk its own funds or otherwise incur financial liability in the exercise of any of its rights, powers, duties, duties or authorities unless funded, given funds, security or and indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share Acquiror Common Shares held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) . None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Acquiror Special Voting Share held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) . None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the WSI Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 7.14, and with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.157.14, and with respect to the Automatic Exchange Right and the Exchange Put Right pursuant to ARTICLE Article 5, subject to Section 6.15. (2) . None of the provisions contained in this Agreement shall require the 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 unless funded, given security or and indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable fundingsecurity, security and indemnity funding or indemnity, satisfactory to Trustee, acting reasonably, against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such fundingsecurity, security funding or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Parent Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 6.14, and with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.156.14, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) 6.14. None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Abgenix Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 7.15, and with respect to the Exchange Right, the automatic Exchange Rights on Liquidation and the Cash Put Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE 5, subject to Section 6.15. (2) None of the provisions contained in this Agreement shall require the 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 unless funded, given security or and indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Pure Special Voting Share Shares pursuant to ARTICLE Section 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE 5, subject to Section 6.15. (2) Subsection 5.13. None of the provisions contained in this Agreement shall require the 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 unless funded, given security or and indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Parent Special Voting Share held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.14, with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.156.14, and with respect to the Rights upon Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15. (2) 6.14. None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Put Right and the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Acquirer Special Voting Share held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15. (2) . None of the provisions contained in this Agreement shall require the 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 unless funded, given security or indemnified as aforesaid.