Party as Trustee Sample Clauses
Party as Trustee. 22.1 If the Customer enters into the Contract in the capacity of trustee of any trust, under any trust deed, deed of settlement or other instrument, then this clause 22 applies and the Customer also enters into the Contract in its personal capacity.
22.2 The Customer represents and warrants that:
(a) It is the only trustee of the trust and no action has been taken or is proposed to remove it as trustee of the trust;
(b) it has power under the trust deed and under its constitution to enter into and execute the Contract and perform the obligations imposed under the Contract as trustee; and
(c) the Customer is not, and has not been, in default under the trust deed.
22.3 No change of trustee of the trust (including any appointment of an additional trustee) can occur without the prior written consent of Sat One Global, which consent must not be unreasonably withheld or delayed.
Party as Trustee. If a party enters into this agreement in the capacity as trustee of any trust (“Trust”) under any trust deed, deed of settlement or other instrument, and whether or not the other party has notice of the Trust, then the first party enters into this agreement both as trustee of the Trust and in its personal capacity.
Party as Trustee. In this document, unless the context requires otherwise:
(a) if any party (Trustee) enters into this document in the capacity as trustee of any trust (Trust) under any trust deed, deed of settlement or other instrument (Trust Deed), and whether or not any other party has notice of the Trust, then the Trustee enters into this document both as trustee of the Trust and in its personal capacity; and
(b) no change of trustee of the Trust (including any appointment of an additional trustee) can occur without the prior written consent of the Company, which consent must not be unreasonably withheld or delayed. H▇▇▇▇▇▇▇ L▇▇▇▇ Note Subscription Agreement 3
Party as Trustee. If any Party has entered or enters into this Agreement in such Party’s capacity as a trustee (a “Trustee”) of any trust (“Trust”) under any trust deed, deed of settlement or other instrument (a “Trust Deed”), and whether or not the other Parties have notice of such Trust, then such Party shall have been deemed to have entered or enter into this Agreement both as Trustee of such Trust and in such Party’s personal capacity. Each such Trustee represents and warrants that: (a) such Trustee has the power under the applicable Trust Deed and, in the case of a Trustee that is an entity, under such Trustee’s Governing Documents, to enter into and execute this Agreement and to perform the obligations imposed under this Agreement as trustee; (b) all necessary resolutions and approvals have been passed and obtained as required by the Trust Deed and, in the case of a Trustee that is an entity, by such Trustee’s Governing Documents, in order to make this Agreement fully binding on such Trustee; (c) the execution of this Agreement by such Trustee is for the benefit of the applicable Trust; (d) such Trustee is not in default of the applicable Trust Deed; (e) there is not now, and the Trustee shall not take or fail to take any action by virtue of which there will be in the future, any restriction or limitation on the right of such Trustee to be indemnified out of the assets of the applicable Trust; and (f) there is no material fact or circumstance relating to the assets, matters or affairs of the applicable Trust that could, if disclosed, be expected to affect the decision of the other Parties, acting reasonably, to enter into this Agreement.
Party as Trustee. 29.1 This clause applies if any party (in this clause each of whom is referred to as the “Trustee”):
(a) has entered or in the future enters into this Agreement in the capacity of trustee; or
(b) owes all or any part of the Purchase Price or any other monies in the capacity of trustee, of any trust or for any person (all or any of which trusts are referred to in this clause as the “Trust”), and whether or not the other parties have notice of the Trust.
29.2 The Trustee agrees that even though the Trustee enters into this Agreement as trustee of the Trust, the Trustee also shall be liable personally for the performance and observance of every covenant and obligation to be observed and performed by them expressed or implied in this Agreement.
29.3 The Trustee warrants its complete, valid and unfettered power to enter into this Agreement pursuant to the provisions of the Trust including power to enter into the covenants and obligations to be observed and performed by the Trustee expressed or implied in this Agreement and warrants that its entry into this Agreement is in the due administration of the Trust. Name and ACN: WORKSTAR TECHNOLOGIES PTY LTD ACN 619 588 840 Place and date of incorporation: Victoria, 7 June 2017 Registered office: L▇▇▇▇ ▇, ▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇
Party as Trustee. (a) If any party (Trustee) enters into this Agreement in the capacity as a trustee of any trust (Trust) under any trust deed, deed of settlement of any other instrument (Trust Deed), then the Trustee enters into this Agreement both as trustee of the Trust and in its personal capacity.
(b) The Trustee represents and warrants that:
(i) it has the power under the Trust Deed and its constitution to enter into this Agreement and perform the obligations under this Agreement;
(ii) it has the right to be fully indemnified out of the Trust assets in respect of obligations incurred by it under this Agreement and the assets of the Trust are sufficient to satisfy that right of indemnity; and
(iii) there is not material fact or circumstance relating to the assets, matters or affairs of the Trust that might, if disclosed, be expected to affect the decision of the other part to enter into this Agreement.
Party as Trustee