References to Acts of the Trust. For greater certainty, where any reference is made in this Supplemental Indenture, or in any other instrument executed pursuant hereto or contemplated hereby to which the Trust or the Issuer Trustee, as trustee of the Trust, is party, to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, or a suit or proceeding to be taken by or against, (i) the Trust, or (ii) the Issuer Trustee, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, or a proceeding to be taken by or against, the Issuer Trustee as trustee for the Trust.
References to Acts of the Trust. For greater certainty, where any reference is made in this Indenture, or in any other instrument executed pursuant hereto or contemplated hereby to which the Trust is party, to an act to be performed by, an obligation or liability of, an asset or right of, or a covenant by, the Trust, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an obligation or liability of, or a covenant by, the trustee or a party to whom the trustee has delegated the authority to perform such act.
References to Acts of the Trust. For greater certainty, where any reference is made in this Agreement, or in any other instrument to which the Trust or the Trustee, as trustee of the Trust, is party, to an act (including for greater certainty the Trust Activities) to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a covenant, representation or warranty (other than relating to the constitution or existence of the Trust) by or with respect to (i) the Trust, or (ii) the Trustee, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a covenant, representation or warranty (other than relating to the constitution or existence of the Trust) by or with respect to the Trustee, solely in its capacity as trustee of the Trust. ARTICLE TWO ESTABLISHMENT AND ACTIVITIES OF THE TRUST
References to Acts of the Trust. For greater certainty, where any reference is made in this Second General Supplemental Indenture or in any other instrument executed pursuant hereto or contemplated hereby to which the Trust or the Trustee, as trustee of the Trust, is party, to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a representation or warranty (other than relating to the constitution or existence of the Trust) by or with respect to (i) the Trust; or (ii) the Issuer Trustee, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a representation and warranty (other than relating to the constitution or existence of the Trust) by or with respect to the Issuer Trustee as trustee for the Trust and, in connection therewith, the Issuer Trustee’s liability hereunder shall be limited as contemplated in Section 3.4.
References to Acts of the Trust. The Trust shall act at all times through the Issuer Trustee or the Administrative Agent, and any reference in this Indenture to an action by the Trust shall mean an action by either the Issuer Trustee or the Administrative Agent (including by a Responsible Officer thereof) on behalf of the Trust. Any execution of any documents by the Trust provided for or contemplated hereunder or under any other Programme Agreement shall be effected by the execution of such documents by a Responsible Officer of the Issuer Trustee or the Administrative Agent on behalf of the Trust; provided, however, that only the Issuer Trustee (including a Responsible Officer thereof) shall execute any Notes created and issued pursuant hereto. Any obligation of the Trust hereunder performed by the Administrative Agent on behalf of the Trust will be deemed to have been performed by the Trust and any payments referred to hereunder received or received and applied against the Notes by the Administrative Agent on behalf of the Trust will be deemed to have been received or received and applied by the Trust. The Indenture Trustee shall be entitled to assume that any individual executing documents on behalf of the Issuer Trustee or the Administrative Agent (when the Issuer Trustee or the Administrative Agent is executing a document on behalf of the Trust) is authorized to do so unless the Indenture Trustee has actual knowledge to the contrary.
References to Acts of the Trust. For greater certainty, where any reference is made in this Indenture, or in any other instrument executed pursuant hereto or contemplated hereby to which the Trust is party, to an act to be performed by, an obligation or liability of, an asset or right of, or a covenant by, the Trust, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an obligation or liability of, or a covenant by, the Administrator (on behalf of the Trust) or such other person to whom the trustee or the Administrator has delegated authority to perform such an act.
References to Acts of the Trust. For greater certainty, where any reference is made in this Indenture, or in any other instrument executed pursuant hereto or contemplated hereby to which the Trust or the Issuer Trustee, as trustee of the Trust, is party, to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a covenant, representation or warranty (other than relating to the constitution or existence of the Trust) by or with respect to (i) the Trust; or (ii) the Issuer Trustee, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against or a covenant, representation or warranty (other than relating to the constitution or existence of the Trust) by or with respect to, the Issuer Trustee as trustee of the Trust.
References to Acts of the Trust. For greater certainty, where any reference is made in this Agreement or any Related Document, or in any other instrument executed pursuant hereto or thereto or contemplated hereby or thereby to which the Trust is party, to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against or a covenant, representation or warranty (other than relating to the constitution or existence of Computershare Trust Company of Canada, in its capacity as trustee of AFCI Funding Trust) by or in respect of, the Trust, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against or a covenant, representation or warranty (other than relating to the constitution or existence of Computershare Trust Company of Canada, in its capacity as trustee of AFCI Funding Trust) by or in respect of, Computershare Trust Company of Canada, as trustee of AFCI Funding Trust, and, in connection therewith, the liability of Computershare Trust Company of Canada, in its capacity as trustee of AFCI Funding Trust, hereunder or thereunder shall be limited as contemplated in Section 10.1. The parties acknowledge that, to the extent that Computershare Trust Company of Canada, in its capacity as trustee of AFCI Funding Trust, is required to perform any covenants hereunder or under any Related Document, it may cause the Seller, in its capacity as administrative agent of the Trust, to perform such covenants.
References to Acts of the Trust. For greater certainty, where any reference is made in this Agreement to an act to be performed by the Trust, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by the Issuer Trustee for and on behalf of the Trust and where any reference is made in this Agreement to an act to be performed by the Issuer Trustee, such reference shall be construed and applied for all purposes as if it referred to an act to be performed by the Issuer Trustee for and on behalf of the Trust.
References to Acts of the Trust. For greater certainty, where any reference is made in this Agreement, or in any other instrument to which the Trust or the Trustee, as trustee of the Trust, is a party, to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding to be taken by or against, or a covenant, representation or warranty by or with respect to the Trust or the Trustee, that reference will be construed and applied for all purposes as if it referred to an act to be performed by, an appointment to be made by, an obligation or liability of, an asset or right of, a discharge or release to be provided by, a suit or proceeding taken by or against, or a covenant, representation or warranty (other than those relating to the constitution or existence of the Trust) by or with respect to, the Trustee in its capacity as trustee of the Trust.
