Obligations of the Depositor. The obligations of the Depositor under this Agreement will not be affected by reason of any invalidity, illegality or irregularity of the 2011-A Exchange Note or any Collateral Lease or Collateral Leased Vehicle included in the 2011-A Reference Pool.
Obligations of the Depositor. (a) The Depositor shall:
(i) on behalf of the Trust, prepare and file with the Commission in accordance with rules and regulations prescribed by the Commission, following the execution thereof by the Trustee if so requested by the Depositor, and file with the Trustee, within fifteen (15) days after the Depositor on behalf of the Trust is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe), if any, which the Depositor on behalf of the Trust may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act with respect to the Trust;
(ii) on behalf of the Trust, prepare and file with the Commission, in accordance with rules and regulations prescribed by the Commission and file with the Trustee, within fifteen (15) days after the Depositor is required to file the same with the Commission, such additional information, documents and reports, including such certificates of independent public accountants contemplated in TIA Section 314(a)(2), with respect to compliance by the Depositor with the conditions and covenants of the Series Trust Agreement, if any, as may be required to be filed with the Commission from time to time by such rules and regulations;
(iii) supply to the Trustee (and the Trustee shall transmit by mail to all Certificateholders described in TIA Section 313(c), in the manner and to the extent provided therein) such summaries of any information, documents and reports required to be filed by the Depositor pursuant to clauses (i) and (ii) of this Section 4.1(a), if any, as may be required by rules and regulations prescribed from time to time by the Commission; and
(iv) after an Available Information Event, on behalf of the Trust, prepare and file with the Commission, following the execution thereof by the Trustee if so requested by the Depositor, and file with the Trustee, within fifteen (15) days after the Depositor on behalf of the Trust is required to file the same with the Commission, reports of the kind referred to in clause (i) of this Section 4.1(a) with respect to each Underlying Securities Issuer, to the extent such reports are then available to the Depositor, for as long as the Depositor on behalf of the Trust is required to file such reports under the Exchange Act. Such reports shall include quarterly and an...
Obligations of the Depositor. Subject to paragraph 2 of this Article, the Depositor shall deposit only samples of plant genetic resources that are, to the best of the Depositor’s knowledge, of importance to food security and sustainable agriculture; samples of plant genetic resources that have not yet been deposited in the Svalbard Global Seed Vault; have been safety duplicated in a suitable genebank. Any or all of the requirements set out in paragraph 1 of this Article may be waived by the Royal Norwegian Ministry of Agriculture and Food, or by the Nordic Gene Bank or other institution designated by the Royal Norwegian Ministry of Agriculture and Food to act on its behalf as manager of the Svalbard Global Seed Vault. Any waiver granted shall be in writing. The Depositor shall provide an inventory of each shipment of Deposited Materials under this Agreement in accordance with the standards set out in Annex 2. The Depositor shall ensure that the Deposited Materials in each shipment: conform fully to the general descriptions of the Deposited Materials in Annex 1 and to the specific descriptions in the inventory for that shipment; are accompanied by any necessary certificates relating to the plant health of the samples as may be required by the laws of the country of export, the Government of the Kingdom of Norway, and any other country through whose territory the Deposited Materials are to transit, and that other procedures required by those laws in respect of that shipment have been complied with; are deposited consistent with other relevant national and international law; have been packed, sealed and labelled and are accompanied by appropriate documentation in conformity with the standards set out in Annex 2 to this Agreement, taking into account such guidelines as may be issued from time to time by the Royal Norwegian Ministry of Agriculture and Food; and will be dispatched in accordance with the schedule set out in Annex 1 to this agreement.
Obligations of the Depositor. The obligations of the Depositor under this Agreement will not be affected by reason of any invalidity, illegality or irregularity of the 20__-_ Exchange Note or any Collateral Lease or Collateral Leased Vehicle included in the 20__-_ Reference Pool.
Obligations of the Depositor. (a) Neither the Depositor nor any of its directors, officers or employees will assume any obligation or shall be subject to any liability under this Agreement to Note Holders, other than by reason of willful misconduct, bad faith or gross negligence, in the performance of such duties as are specifically set forth in this Agreement or the Participation Agreement.
(b) The Depositor shall not be liable to any Note Holder for any action or non-action by it in reliance upon the advice of or information from legal counsel, accountants, any Note Holder or any other person believed by it in good faith to be competent to give such advice or information. The Depositor may rely and shall be protected in acting upon any written notice, request, direction or other document believed by it to be genuine and to have been signed or presented by the proper party or parties.
(c) Under no circumstances shall the Depositor be liable for indebtedness evidenced by or arising under any of the Operative Documents.
Obligations of the Depositor. 6.1 The DEPOSITOR agrees to supply the SUPPORT UNIT with all the information on the MATERIAL that is required for its characterisation and traceability, and for establishing the existence of any potential risks to health and/or the environment. Accordingly, the DEPOSITOR shall therefore complete ANNEX 2. This information may not be viewed by third parties unless they have been authorised to receive a sample of the MATERIAL in accordance with Article 4.
6.2 The DEPOSITOR is solely liable for the physical transfer of the MATERIAL to the SUPPORT UNIT. In particular, the DEPOSITOR shall ensure that the MATERIAL is dispatched in full compliance with current health and safety regulations.
6.3 The DEPOSITOR declares to have read and understood the safety measures taken by the SUPPORT UNIT concerning storage and conservation conditions, and agrees not to issue a claim against the SUPPORT UNIT in the event of accidental loss of the MATERIAL.
6.4 The DEPOSITOR declares having read and understood the annexes to this contract, and that it agrees to abide by them.
Obligations of the Depositor.
1. The Depositor shall provide an inventory of each shipment of samples for deposit.
2. The Depositor shall ensure that the Deposited Materials in each shipment: ● conform fully to the descriptions, including descriptions as to quality and quantity, set out in the corresponding inventory; ● are accompanied by any necessary certificates relating to the plant health of the samples as may be required by Depository and by the laws of the Host Government, and any other country through whose territory the Deposited Materials are to transit; ● have been tested for viability, prepared, packed, sealed and marked in conformity with this agreement and the best practices in use by the Centres of the Consultative Group on International Agricultural Research (CGIAR) system.
3. The Depositor shall ensure that all export procedures in respect of each shipment of the Deposited Materials required by the country of export as well as all import procedures required by the laws of the Host Government have been fully complied with.
4. Costs pertaining to the packaging and shipping of the Deposited Materials shall be borne by the Depositor.
Obligations of the Depositor. 8.1 The Depositor shall furnish such information and documents as CDP, the Depositary, the Depositary Bank or the Issuer may require in accordance with the provisions of the Deposit Agreement.
8.2 The Depositor shall be liable for any taxes, duties, charges, costs or expenses payable in respect of the Depositary Receipts or of the Underlying Shares.
8.3 The Depositor, by accepting the credit of the Depositary Receipts to his Securities Account, shall be deemed to be bound by the terms and conditions of the Deposit Agreement as if he were the registered holder or owner of the Depositary Receipts and agrees to indemnify CDP against all claims by the Issuer or the Corporation arising from the Depositary Receipts or the Underlying Shares as the case may be, unless such claims are due to the gross negligence or wilful misconduct of CDP.
8.4 The Depositor shall indemnify CDP in respect of all claims by the Depositary against CDP arising in respect of the Depositary Receipts or the Underlying Shares unless such claims are due to the gross negligence or wilful misconduct of CDP.
Obligations of the Depositor. Article 1992. If the deposit is gratuitous, the depositor is obliged to reimburse the depositary for the expenses he may have incurred for the preservation of the thing deposited. (1779a) Article 1993. The depositor shall reimburse the depositary for any loss arising from the character of the thing deposited, unless at the time of the constitution of the deposit the former was not aware of, or was not expected to know the dangerous character of the thing, or unless he notified the depositary of the same, or the latter was aware of it without advice from the depositor. (n)
Obligations of the Depositor. The obligations of the Depositor under this Agreement shall be in addition to any liability which the Depositor or any other person may otherwise have and shall survive the termination of this Agreement and the resignation or removal of the Owner Trustee. The Depositor shall be responsible for:
(a) all duties and obligations as Depositor under this Agreement; provided that the change in the identity of the Depositor at the consummation of the Sale and Purchase shall not affect the liability and responsibility of FMC for all duties under this Agreement relating to the period prior to the consummation of the Sale and Purchase;
(b) preparing, executing and filing any tax returns or forms and paying any and all taxes including but not limited to franchise and income taxes related to the Trust’s former existence as GATE prior to the Conversion. This responsibility shall survive the termination or amendment and restatement of this Agreement;
(c) preparing, executing and filing any tax returns or forms or paying any other taxes arising prior to the amendment and restatement of this Agreement; and
(d) ensuring that the Trust complies with any and all securities laws, in connection with the issuance and transfer of the Certificate.
