Indemnification Prior to Certain Actions by Trustee. 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 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 pursuant to Article 4, subject to Section 7.15, and with respect to the Exchange Right pursuant to Article 5, subject to Section 7.15, and with respect to the Automatic Exchange Right pursuant to Article 5, subject to Section 7.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (SMTC Corp), Voting and Exchange Trust Agreement (SMTC Corp)
Indemnification Prior to Certain Actions by Trustee. The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this agreement Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable fundingsecurity, security funding or indemnity 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 4, subject to Section 7.156.14, and with respect to the Exchange Right pursuant to Article 5, subject to Section 7.156.14, and with respect to the Automatic Exchange Right Rights pursuant to Article 5, subject to Section 76.
Appears in 1 contract
Samples: Share Exchange Agreement
Indemnification Prior to Certain Actions by Trustee. The Trustee shall will not be obligated to exercise any or all of the rights, duties, powers or authorities vested in it by this trust agreement at the request, order or direction of any Beneficiary upon such unless that Beneficiary furnishing has furnished to the Trustee reasonable funding, security or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or therebyTrustee, provided that no Beneficiary shall will be obligated to furnish to the Trustee any such that 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 Deposited Shares pursuant to Article 4, subject to Section 7.15section 6.15, and with respect to the Exchange Right pursuant to Article 5, subject to Section 7.15section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to Article 5, subject to Section 7section 6.
Appears in 1 contract
Indemnification Prior to Certain Actions by Trustee. The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this trust agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security 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 Locus Voting Share pursuant to Article 4, subject to Section 7.15, and with respect to the Exchange Right pursuant to Article 5, subject to Section 7.15, and with respect to the Automatic Exchange Right pursuant to Article 5, subject to Section section 7.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Infospace Inc)
Indemnification Prior to Certain Actions by Trustee. The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this trust agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security 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 JDS Uniphase Special Voting Share pursuant to Article 4, subject to Section section 7.15, and with respect to the Exchange Right pursuant to Article 5, subject to Section section 7.15, and with respect to the Automatic Exchange Right Rights pursuant to Article 5, subject to Section section 7.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (JDS Uniphase Corp /Ca/)