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. 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 Hxxxxxxx Lxxxx Note Subscription Agreement 3
(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.
PARTY AS TRUSTEE. 9.1 If any party (Trustee) enters into this Deed 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 Deed both as trustee of the Trust and in its personal capacity.
9.2 The Trustee represents and warrants to the Buyer in respect of the Trust:
(a) no action has been taken or proposed to terminate or dissolve the Trust;
(b) the Trust Deed establishing the Trust is operative and has not been terminated or superseded; and
(c) true copies of the Trust Deed establishing the Trust and any other document relating to the Trust have been provided to the Buyer and disclose all the terms of the Trust.
9.3 The Trustee represents and warrants to the Buyer that:
(a) the Trustee has power under the Trust Deed and in the case of a corporation acting as Trustee under its constitution, to enter into and execute this Deed and to perform the obligations imposed under this Deed in its capacity as trustee;
(b) all necessary resolutions have been passed as required by the Trust Deed and in the case of a corporate Trustee by its constitution, in order to make this Deed binding on the Trustee;
(c) the execution of this Deed is for the benefit of the Trust;
(d) the Trustee is not in default under the Trust Deed;
(e) there is not now, and the Trustee will not do anything by virtue of which there will be in the future, any restriction or limitation on the right of the Trustee to be indemnified out of the assets of the Trust; and
(f) there is no 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 parties, acting reasonably, to enter into this Deed.
9.4 The Trustee covenants that, until such time as the Trust shall have no obligations or potential obligations arising hereunder (including under clause 7 hereof), (a) the Trustee shall promptly provide written notice to the Buyer of any change in trustee of the Trust and a deed of accession to the terms of this deed and (b) the Trustee shall not take any action to terminate or dissolve the Trust.
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. 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: Lxxxx 0, 000 Xx Xxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxx, 0000
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