Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Trustee individually, except to the extent the Trustees are required under Trust Indenture Legislation to perform such acts jointly, and neither Trustee shall be liable or responsible for the acts or omissions of the other Trustee. If the U.S. Trustee and Canadian Trustee are unable to agree jointly to act or refrain from acting, the applicable Trustee shall make the decision in accordance with its applicable legislation. Unless the context implies or requires otherwise, any written notice, request, direction, certificate, instruction, opinion or other document (each such document, a "Writing") delivered pursuant to any provision of this Indenture to any of the U.S. Trustee or the Canadian Trustee shall be deemed for all purposes of this Indenture as delivery of such Writing to the Trustee. Each such Trustee in receipt of such Writing shall notify such other Trustee of its receipt of such Writing within two Business Days of such receipt provided, however, that any failure of such trustee in receipt of such Writing to so notify such other Trustee shall not be deemed as a deficiency in the delivery of such Writing to the Trustee.
Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Co-Trustee individually, as set forth explicitly herein, and neither Trustee shall be liable or responsible for the acts or omissions of the other Trustee. Any written notice, request, direction, certificate, instruction, opinion or other document (each such document for purposes of this Section 6.18, a “Writing”) delivered pursuant to any provisions of this Indenture shall be delivered to the U.S. Trustee (with a copy to the Canadian Co-Trustee).
Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Trustee individually, except to the extent the Trustees are required under Trust Indenture Legislation to perform such acts jointly, and neither Trustee shall be liable or responsible for the acts or omissions of the other Trustee. If the Trustees are unable to agree jointly to act or refrain from acting with respect to any right, power, duty or obligation conferred jointly upon the Trustees hereunder, the decision of the U.S. Trustee to act or refrain from acting shall be binding upon the Canadian Trustee.
Joint Trustees. Notwithstanding anything to the contrary contained in this First Supplemental Indenture, it is hereby agreed and understood as between the U.S. Trustee and the Canadian Trustee that: (i) the U.S. Trustee is appointed hereunder solely for the purpose of satisfying Section 310(a) of the TIA, and such other sections of the TIA that expressly require a U.S. Trustee to act; (ii) the U.S. Trustee will not be subject to Canadian law; and (iii) the U.S. Trustee will have no obligation whatsoever in any capacity whatsoever (including, but not limited to the capacity of Paying Agent, Registrar, or Transfer Agent) under this First Supplemental Indenture or to administer this First Supplemental Indenture or the Debt Securities issued hereunder or under any Supplemental Indentures, except as set forth in clause (i), and the Canadian Trustee will be responsible for (a) the matters set forth in this clause (iii) and (b) to enforce this First Supplemental Indenture and exercise all rights and remedies on behalf of Holders hereunder; provided, however, that upon an Event of Default, the U.S. Trustee will exercise rights and remedies solely under U.S. law on behalf of U.S. Holders.
Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Trustee jointly, except to the extent otherwise provided herein and except to the extent that under Trust Indenture Legislation either Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by a Trustee which is not so incompetent or unqualified to the extent it can do so under applicable law, and except that neither Trustee shall be liable or responsible for the acts or omissions of the other Trustee. If the Trustees are unable to agree jointly to act or refrain from acting with respect to any right, power, duty or obligation conferred jointly upon the Trustees hereunder, the decision of the U.S. Trustee to act or refrain from acting shall be binding upon the Canadian Trustee.
Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Co-Trustee individually, as set forth explicitly herein, and neither Trustee shall be liable or responsible for the acts or omissions of the other Trustee. Any written notice, request, direction, certificate, instruction, opinion or other document (each such document for purposes of this
Joint Trustees. The rights, powers, duties and obligations conferred and imposed upon the Trustees are conferred and imposed upon and shall be exercised and performed by the U.S. Trustee and the Canadian Trustee individually, as set forth explicitly herein, and neither of the Trustees shall be liable or responsible for the acts or omissions of the other Trustee. Any written notice, request, direction, certificate, instruction, opinion or other document delivered pursuant to any provisions of this Indenture shall be delivered to the U.S. Trustee (with a copy to the Canadian Trustee). [Remainder of page intentionally left blank]
Joint Trustees. 1. MUTB and MTBJ shall, pursuant to the Trust Law, segregate duties, make decisions on and perform the trust administrations as stipulated in each of the following Paragraphs.
2. The trust administrations which MUTB shall take charge of, are administrations described in each of the following items and administrations related thereto:
(1) Exercise of rights of shareholders such as voting rights with respect to the Entrusted Assets;
(2) Payment of taxes, fees and miscellaneous expenses and calculation of the trust, and instruction to do so;
(i) Acceptance of the Trust Fee and commission charge from the Settlors or the Issuer;
(ii) Instruction to pay taxes on the Entrusted Assets and miscellaneous expenses necessary for treatment of trust administrations;
(iii) Instructions to MTBJ regarding handling of income and expenditure of the trust, accounting and calculation of the Entrusted Assets;
(iv) Calculation of income and expenditure of the trust and preparation of a report on the Entrusted Assets on each Calculation Date;
(v) Performance of final calculation and preparation of a report on the Entrusted Assets at the termination of the trust;
(vi) Submission of reports to the head of relevant taxation authority of the place of tax payment provided in Article 00-0, Xxxxxxxxx 9 of the Order for Enforcement of the Corporation Tax Act.
(3) Performance of administrations related to preparation, management and provision of the Beneficiary Interest Registry, the list of Beneficiaries prepared based on the notification by JASDEC, and other account ledgers incidental thereto;
(4) Performance of administrations necessary for the calculation and payment of the trust dividend (including tax administrations related to income taxes and local taxes);
(5) Performance of calculations to make allocations (including rounding-off calculations) based on the Stock Dividend, stock splitting and consolidation, Bonus Shares, distribution of shares of subsidiaries on the Entrusted Shares, and calculations of part or all of the expenses for disposal by sale thereof;
(6) Exchange of the expenses for disposal by sale with respect to Stock Dividend, stock splitting and consolidation, Bonus Shares and distribution of shares of subsidiaries on the Entrusted Shares to yen currency and distribution thereof among the Beneficiaries;
(7) Performance of administrations incidental to each of the preceding Items and other administrations necessary for conservation of rights of the Beneficiaries;
(8)...
Joint Trustees. 72 SECTION 6.14
Joint Trustees. The Canadian Trustee and the U.S. Trustee are joint trustees under the Secured Notes Trust Indenture. As contemplated by the “Joint Trustees” provisions of the Secured Notes Trust Indenture, it is agreed that, as between the Canadian Trustee and the U.S. Trustee, the Canadian Trustee shall be responsible for the administration of this Agreement, the Secured Notes Credit Documents and the Collateral granted thereunder, except to the extent required by the U.S. Trust Indenture Act of 1939, as amended, and the rules thereunder, or by the Secured Notes Trust Indenture.
