Restrictions on the Trustee raising Sample Clauses

Restrictions on the Trustee raising funds and granting security over SUFA documents Aurizon Network supports this position and provides enhancements to strengthen protection to Aurizon Network to any adverse consequences of the Trustee’s financing. It is of fundamental importance to Aurizon Network that at the end of the life of a SUFA arrangement, Aurizon Network has an unencumbered economic and legal interest (whether directly or indirectly) in the SUFA assets. This will ensure that the integrity of the rail network is maintained. Aurizon Network considers that the proposed protection should be more specific and reflect several objectives that are fundamental to Aurizon Network. These objectives are: The security must not impair or threaten Aurizon Network’s ability to wind up the Trust structure following the Zero Value Date This objective would require that the security must not prevent or hinder Aurizon Network’s ability to hold an unencumbered economic and legal interest in the SUFA assets following the Zero Value Date. This would be achieved either by retaining the Trust structure and being the only unit holder in the Trust following the redemption of the Preference Units, or by winding up the Trust structure and distributing the SUFA assets to Aurizon Network ‘in specie’. It is vital that the SUFA assets remains within the relevant Trust structure at all times except in the event of such an ‘in specie’ distribution, and any security arrangements would need to be consistent with that requirement. This would mean, for example, that the security must not give the security holder a power of sale over the Trust’s SUFA rights, essentially its interests in the various SUFA agreements. This requirement is consistent with the understanding reached at a meeting23 between the QCA’s legal adviser, Aurizon Network legal staff and Aurizon Network’s external legal adviser to discuss third party financing of the Trust. Aurizon Network as Ordinary Unit Holder must be protected from any liability under the Trust’s financing or finance security throughout their respective lives and thereafter. This would require a broadening of the scope of the release by the security holder. Aurizon Network must have a very high level of certainty that the previous objectives will be achieved. This would require the security holder to provide contractual undertakings directly to Aurizon Network as a condition for Aurizon Network to consent to the financing and/or security. Aurizon Network is prepared to agree not to u...
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Related to Restrictions on the Trustee raising

  • Restrictions on the Fund Neither you nor any beneficiary may sell, transfer, or pledge any interest in your Xxxx XXX in any manner whatsoever, except as provided by law or this agreement. The assets in your Xxxx XXX will not be responsible for the debts, contracts, or torts of any person entitled to distributions under this agreement.

  • Restrictions on Testing If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing:

  • Restrictions on Trading I understand that You may, in Your discretion, prohibit or restrict the trading of securities, or the substitution of securities, in any of My accounts. I understand that You may execute all orders by Me on any exchange or market, unless I specifically instruct You to the contrary.

  • Restrictions on Holders Each Holder agrees by acquisition of a Transfer Restricted Security that, upon receipt of the notice referred to in Section 6(c)(iii)(C) or any notice from the Company of the existence of any fact of the kind described in Section 6(c)(iii)(D) hereof (in each case, a "SUSPENSION NOTICE"), such Holder will forthwith discontinue disposition of Transfer Restricted Securities pursuant to the applicable Registration Statement until (i) such Holder has received copies of the supplemented or amended Prospectus contemplated by Section 6(c)(iv) hereof, or (ii) such Holder is advised in writing by the Company that the use of the Prospectus may be resumed, and has received copies of any additional or supplemental filings that are incorporated by reference in the Prospectus (in each case, the "RECOMMENCEMENT DATE"). Each Holder receiving a Suspension Notice hereby agrees that it will either (i) destroy any Prospectuses, other than permanent file copies, then in such Holder's possession which have been replaced by the Company with more recently dated Prospectuses or (ii) deliver to the Company (at the Company's expense) all copies, other than permanent file copies, then in such Holder's possession of the Prospectus covering such Transfer Restricted Securities that was current at the time of receipt of the Suspension Notice. The time period regarding the effectiveness of such Registration Statement set forth in Section 3 or 4 hereof, as applicable, shall be extended by a number of days equal to the number of days in the period from and including the date of delivery of the Suspension Notice to the date of delivery of the Recommencement Date.

  • Restrictions on Transfer (a) The Preferred Stock and the Registrable Securities shall not be sold, pledged, or otherwise transferred, and the Company shall not recognize and shall issue stop-transfer instructions to its transfer agent with respect to any such sale, pledge, or transfer, except upon the conditions specified in this Agreement, which conditions are intended to ensure compliance with the provisions of the Securities Act. A transferring Holder will cause any proposed purchaser, pledgee, or transferee of the Preferred Stock and the Registrable Securities held by such Holder to agree to take and hold such securities subject to the provisions and upon the conditions specified in this Agreement.

  • Restrictions on Transfers (a) Except as provided in Section 4.8(e), notwithstanding the other provisions of this Article IV, no transfer of any Partnership Interests shall be made if such transfer would (i) violate the then applicable federal or state securities laws or rules and regulations of the Commission, any state securities commission or any other governmental authority with jurisdiction over such transfer, (ii) terminate the existence or qualification of the Partnership under the laws of the jurisdiction of its formation, or (iii) cause the Partnership to be treated as an association taxable as a corporation or otherwise to be taxed as an entity for federal income tax purposes (to the extent not already so treated or taxed). The Partnership may issue stop transfer instructions to any Transfer Agent in order to implement any restriction on transfer contemplated by this Agreement.

  • Restrictions on Resale The Awardee agrees not to sell any Shares at a time when Applicable Laws, Company policies, or an agreement between the Company and its underwriters prohibit a sale. This restriction shall apply as long as the Awardee is a Service Provider and for such period after the Awardee's Termination of Service as the Administrator may specify.

  • Obligations on Termination If this Agreement is completed, expires, or is terminated in whole or in part for any reason, then:

  • Restrictions on Lobbying The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government.

  • Limitations on Subsequent Registration Rights From and after the date of this Agreement, the Company shall not, without the prior written consent of Holders holding a majority of the Registrable Securities enter into any agreement with any holder or prospective holder of any securities of the Company giving such holder or prospective holder any registration rights the terms of which are pari passu with or senior to the registration rights granted to the Holders hereunder.

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