Common use of Powers and Duties of the Trustee Clause in Contracts

Powers and Duties of the Trustee. (a) The rights, powers, duties and authorities of the Trustee under this Agreement, in its capacity as Trustee of the Trust, shall include: (i) receipt and deposit of the Series 2 Special Voting Shares as trustee for and on behalf of the Beneficiaries in accordance with the provisions of this Agreement; (ii) granting proxies to Beneficiaries as provided in this Agreement; (iii) voting the Beneficiary Votes in accordance with the provisions of this Agreement; (iv) exercising the Statutory Rights in accordance with the provisions of this Agreement; (v) holding title to the Trust Estate; (vi) investing any monies forming, from time to time, a part of the Trust Estate as provided in this Agreement; and (vii) taking such other actions and doing such other things as are specifically provided in this Agreement. (b) The Trustee in exercising its rights, powers, duties and authorities hereunder shall act honestly and in good faith and with a view to the best interests of the Beneficiaries and shall exercise the care, diligence and skill that a reasonably prudent trustee would exercise in comparable circumstances. (c) In the exercise of such rights, powers, duties and authorities, the Trustee is granted by the Investors such incidental and additional rights, powers, duties and authority not in conflict with any of its obligations hereunder or the provisions of this Agreement as the Trustee, acting in good faith and in the reasonable exercise of its discretion, may deem necessary or appropriate to effect the purpose of the Trust.

Powers and Duties of the Trustee. (a) The rights, powers, duties powers and authorities of the Trustee under this Agreement, in its capacity as Trustee trustee of the Trust, shall include: (ia) receipt and deposit of the Series 2 Special Voting Shares Share from Parent as trustee for and on behalf of the Beneficiaries Holders in accordance with the provisions of this Agreement; (iib) granting proxies and distributing materials to Beneficiaries Holders as provided in this Agreement; (iiic) voting the Beneficiary Holder Votes in accordance with the provisions of this Agreement; (iv) exercising the Statutory Rights in accordance with the provisions of this Agreement; (vd) holding title to the Trust Estate; (vie) investing any monies forming, from time taking action at the direction of a Holder or Holders to time, a part enforce the obligations of Parent with respect to the Trust Estate as provided in Voting Share under this Agreement; and (viif) taking such other actions and doing such other things as are specifically provided with respect to the Trustee in this Agreement. (b) The Trustee in exercising its rights, powers, duties and authorities hereunder shall act honestly and in good faith and with a view to the best interests of the Beneficiaries and shall exercise the care, diligence and skill that a reasonably prudent trustee would exercise in comparable circumstances. (c) . In the exercise of such rights, powers, duties powers and authorities, authorities the Trustee shall have (and is granted by the Investors granted) such incidental and additional rights, powers, duties powers and authority not in conflict with any of its obligations hereunder or the provisions of this Agreement as the Trustee, acting in good faith and in the reasonable exercise of its discretion, may deem necessary necessary, appropriate or appropriate desirable to effect the purpose of the Trust. Any exercise of such discretionary rights, powers and authorities by the Trustee shall be final, conclusive and binding upon all persons. The Trustee in exercising its rights, powers, duties and authorities hereunder shall act honestly and in good faith with a view to the best interests of the Holders and shall exercise the care, diligence and skill that a reasonably prudent trustee would exercise in comparable circumstances.

Powers and Duties of the Trustee. (a) The rights, powers, duties and authorities of the Trustee under this Agreement, in its capacity as Trustee of the Trust, shall include: (i) receipt and deposit of the Series 2 Special Voting Shares as trustee for and on behalf of the Beneficiaries in accordance with the provisions of this Agreement; (ii) granting proxies to Beneficiaries as provided in this Agreement; (iii) voting the Beneficiary Votes in accordance with the provisions of this Agreement; (iv) exercising the Statutory Rights in accordance with the provisions of this Agreement; (v) holding title to the Trust Estate; (vi) investing any monies forming, from time to time, a part of the Trust Estate as provided in this Agreement; and (vii) taking such other actions and doing such other things as are specifically provided in this Agreement. (b) The Trustee in exercising its rights, powers, duties and authorities hereunder shall act honestly and in good faith and with a view to the best interests of the Beneficiaries and shall exercise the care, diligence and skill that a reasonably prudent trustee would exercise in comparable circumstances. (c) In the exercise of such rights, powers, duties and authorities, the Trustee is granted by the Investors such incidental and additional rights, powers, duties and authority not in conflict with any of its obligations hereunder or the provisions of this Agreement as the Trustee, acting in good faith and in the reasonable exercise of its discretion, may deem necessary or appropriate to effect the purpose of the Trust.