Common use of Power and Authority of Managing Trustees Clause in Contracts

Power and Authority of Managing Trustees. Subject only to the provisions of this Agreement, the Managing Trustees shall have full, absolute, and exclusive power, control, and authority over the Trust Estate and over the business and affairs of the Trust to the same extent as if the Managing Trustees were the sole owners thereof in their own right, free from any power of control on the part of the Beneficiary. The Managing Trustees shall also have full, absolute, and exclusive power to do all such acts and things as in their sole judgment and discretion are necessary or incidental to, or desirable for, the carrying out of any of the purposes of the Trust or conducting the business of the Trust. Any determination made in good faith by the Managing Trustees of the purposes of the Trust or the existence of any power or authority hereunder shall be conclusive. In construing the provisions of this Agreement, the presumption shall be in favor of the grant of powers and authority to the Managing Trustees. The enumeration of any specific power or authority herein shall not be construed as limiting the general powers or authority or any other specified power or authority conferred upon the Managing Trustees hereunder.

Appears in 4 contracts

Samples: Trust Agreement (American Materials Transport, Inc.), Trust Agreement (Txi Transportation Co), Trust Agreement (Txi Transportation Co)

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Power and Authority of Managing Trustees. Subject only to the provisions of limitations set forth in this Agreement, the Managing Trustees Trustee shall have full, absolute, absolute and exclusive power, control, control and authority over the Trust Estate Property and over the business and affairs of the Trust to the same extent as if the Managing Trustees were Trustee was the sole owners owner thereof in their his own right, free from any power of control on the part of the Beneficiary. The Managing Trustees Trustee shall also have full, absolute, absolute and exclusive power to do all such acts and things as in their his sole judgment and discretion are necessary or incidental to, or desirable for, the carrying out of any of the purposes of the Trust or conducting the business of the Trust. Any determination made in good faith by the Managing Trustees Trustee of the purposes of the Trust or the existence of any power or authority hereunder shall be conclusive. In construing the provisions of this Agreement, the presumption shall be in favor of the grant of powers and authority to the Managing TrusteesTrustee. The enumeration of any specific power or authority herein shall not be construed as limiting the general powers or authority or any other specified specific power or authority conferred upon the Managing Trustees hereunderTrustee.

Appears in 2 contracts

Samples: Trust Agreement (OHI Asset (CT) Lender, LLC), Trust Agreement (OHI Asset (CT) Lender, LLC)

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