Appointment of Successor Trustee In the event of the death (in the case of a Trustee that is a natural person), dissolution (in the case of a Trustee that is not a natural person), resignation pursuant to Section 7(b) hereof, incompetency, or removal pursuant to Section 7(a) hereof, a successor Trustee may be appointed either by (a) unanimous vote of the Trust Advisory Board, subject to the approval of the United States in consultation with the Beneficiaries, or (b) order of the Bankruptcy Court. Such vote or order shall specify the date on which such appointment shall be effective. Every successor Trustee appointed hereunder shall execute, acknowledge, and deliver to the Bankruptcy Court and to a removed or resigning Trustee (or the representative of a deceased or dissolved Trustee) an instrument accepting the appointment under this Litigation Trust Agreement and agreeing to be bound hereto, and thereupon the successor Trustee, without any further act, deed, or conveyance, shall become vested with all rights, powers, trusts, and duties of such removed, resigning, deceased, or dissolved Trustee pursuant to this Litigation Trust Agreement and the Plan; provided, however, that a removed or resigning Trustee (or the representative of a deceased or dissolved Trustee) shall, nevertheless, when requested in writing by the successor Trustee, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee under the Litigation Trust, or confirming the conveyance and transfer thereto of, all the estates, properties, rights, powers, and privileges of such predecessor Trustee.
Notice to Noteholders Notices to a Noteholder will be considered received by the Noteholder:
Notice to Depositors (a) Within seven (7) days after Bank Closing, the Assuming Bank shall give (i) notice to depositors of the Failed Bank of its assumption of the Deposit liabilities of the Failed Bank, and (ii) any notice required under Section 2.2, by mailing to each such depositor a notice with respect to such assumption and by advertising in a newspaper of general circulation in the county or counties in which the Failed Bank was located. The Assuming Bank agrees that it will obtain prior approval of all such notices and advertisements from counsel for the Receiver and that such notices and advertisements shall not be mailed or published until such approval is received.
Successor to Escrow Agent Any corporation with which the Escrow Agent may be amalgamated, merged or consolidated, or any corporation succeeding to the business of the Escrow Agent will be the successor of the Escrow Agent under this Agreement without any further act on its part or on the part or any of the Parties, provided that the successor is recognized as a transfer agent by the Canadian exchange the Issuer is listed on (or if the Issuer is not listed on a Canadian exchange, by any Canadian exchange) and notice is given to the securities regulators with jurisdiction. The Parties have executed and delivered this Agreement as of the date set out above. ODYSSEY TRUST COMPANY (signed) "Xxxx Xxxxxx" Authorized signatory (signed) "Xxxxxx Xxxxxx" Authorized signatory BIOVAXYS TECHNOLOGY CORP. (signed) "Xxxxx Xxxxxx" Authorized signatory Signed, sealed and delivered by ) XXXXXX XXXXXXX in the presence of: ) ) ) Signature of Witness ) (signed) "Xxxxxx Xxxxxxx" ) XXXXXX XXXXXXX ) Name of Witness ) ) Signed, sealed and delivered by ) XXXXX XXXXXX in the presence of: ) ) ) Signature of Witness ) (signed) "Xxxxx Xxxxxx" ) XXXXX XXXXXX ) Name of Witness ) Signed, sealed and delivered by ) XXXXX XXXX in the presence of: ) ) ) Signature of Witness ) (signed) "Xxxxx Xxxx" ) XXXXX XXXX ) Name of Witness ) ) Signed, sealed and delivered by ) XXXXXXX XXXXX in the presence of: ) ) ) Signature of Witness ) (signed) "Xxxxxxx Xxxxx" ) XXXXXXX XXXXX ) Name of Witness ) Signed, sealed and delivered by ) XXXXXXX XXXXXX in the presence of: ) ) ) Signature of Witness ) (signed) "Xxxxxxx Xxxxxx" ) XXXXXXX XXXXXX ) Name of Witness ) ) Schedule “A” to Escrow Agreement Securityholder Class or description Number Certificate(s) (if applicable) Common Shares 242,303 Options 62,400 Name: Xxxxxx Xxxxxxx Securities: Securityholder Class or description Number Certificate(s) (if applicable) Common Shares 12,417,333 Name: Xxxxx Xxxxxx Securities: Securityholder Class or description Number Certificate(s) (if applicable) Common Shares 4,696,067 Name: Xxxxx Xxxx Securities: Securityholder Class or description Number Certificate(s) (if applicable) Common Shares 6,037,800 Name: Xxxxxxx Xxxxx Securities: Securityholder Class or description Number Certificate(s) (if applicable) Options 32,448 Name: Xxxxxxx Xxxxxx Securities: Schedule “B” to Escrow Agreement Acknowledgment and Agreement to be Bound I acknowledge that the securities listed in the attached Schedule “A” (the “escrow securities”) have been or will be transferred to me and that the escrow securities are subject to an Escrow Agreement dated _ (the “Escrow Agreement”). For other good and valuable consideration, I agree to be bound by the Escrow Agreement in respect of the escrow securities, as if I were an original signatory to the Escrow Agreement. Dated at on . Where the transferee is an individual: Signed, sealed and delivered by ) [Transferee] in the presence of: ) ) ) Signature of Witness ) ) _ ) [Transferee] ) Name of Witness ) ) Where the transferee is not an individual: [Transferee] _ Authorized signatory _
Final Report by Settlement Administrator Within 10 days after the Administrator disburses all funds in the Gross Settlement Amount, the Administrator will provide Class Counsel and Defense Counsel with a final report detailing its disbursements by employee identification number only of all payments made under this Agreement. At least 15 days before any deadline set by the Court, the Administrator will prepare, and submit to Class Counsel and Defense Counsel, a signed declaration suitable for filing in Court attesting to its disbursement of all payments required under this Agreement. Class Counsel is responsible for filing the Administrator's declaration in Court.
Information to Certificateholders As soon as practicable following the eleventh calendar day of each month, Xxxxxx Xxx will make available the Class Factor (carried to eight decimal places) for each Class of Certificates after giving effect to the distribution on the following Distribution Date. Xxxxxx Mae will also furnish to each Person who was a Certificateholder at any time during a calendar year such statements and information as shall be required to be furnished by the Code.
Termination upon Distribution to Certificateholders The respective obligations and responsibilities of Xxxxxx Mae in its corporate capacity and in its capacity as Trustee created hereby shall terminate as to the Trust Fund upon the distribution by Xxxxxx Xxx to all Holders of Certificates of all amounts required to be distributed hereunder and thereunder; provided, however, that in no event shall any trust created hereby continue beyond the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. Xxxxxxx, the late ambassador of the United States to the Court of St. James’s, living on the Issue Date. ARTICLE VII
Direction to Escrow Agent The Issuer and the Securityholders direct the Escrow Agent to hold the escrow securities in escrow until they are released from escrow under this Agreement.
Notice to Escrow Agent Documents will be considered to have been delivered to the Escrow Agent on the next business day following the date of transmission, if delivered by fax, the date of delivery, if delivered by hand during normal business hours or by prepaid courier, or 5 business days after the date of mailing, if delivered by mail, to the following: [Name, address, contact person, fax number]
Duties of Trustee (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
