Terms of Trust Sample Clauses

Terms of Trust you have disclosed to us the full particulars of the Trust and of any other trust or fiduciary relationship affecting the Trust assets and have given us a complete and up-to-date copy of the Trust Deed;
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Terms of Trust. Terms of the trust account Preamble Subject to compliance with laws and the Bank's policies, the Applicant may instruct the Bank, whether in person or through other means agreed, to activate the opened trust account, and commence using it with immediate effect once the Applicant receives confirmation from the Bank. The Applicant understands and agrees that the Bank may reject the Applicant's request to subscribe to certain products that are bound by law to undergo investor suitability analysis, and based on which the Applicant is deemed unsuitable for the product requested. The Applicant also agrees to comply with the terms mentioned herein.
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Terms of Trust. Terms of the trust account Preamble Subject to compliance with laws and the Bank's policies, the Applicant may instruct the Bank, whether in person or through other means agreed, to activate the opened trust account, and commence using it with immediate effect once the Applicant receives confirmation from the Bank. The Applicant understands and agrees that the Bank may reject the Applicant's request to subscribe to certain products that are bound by law to undergo investor suitability analysis, and based on which the Applicant is deemed unsuitable for the product requested. The Applicant also agrees to comply with the terms mentioned herein. The Applicant has been given a reasonable amount of time to review the terms and rules pertaining to trust services. The Applicant is expected to comprehend the terms of the trust, including but not limited to the Bank's policies concerning the use of special purpose money trust for local/foreign securities investments, before utilizing trust services.
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Terms of Trust. As a Sponsoring Individual under the Trust Agreement, you agree to be bound by all of its terms and conditions, which are incorporated by reference into this Participation Agreement. The Trust Agreement contains terms governing, among other things, the power to amend or terminate, the power to establish funding rates, the power to impose withdrawal and termination liability and the requirement that Sponsoring Individuals provide indemnification. Sponsoring Individual Plan. Any function or responsibility not specifically assigned or delegated to GBS, or its successor, with respect to administration of the Sponsoring Individual’s Plans are retained by Sponsoring Individuals and will be carried out by the person or entity that has been designated by the Sponsoring Individual. GBS, or its successor, will have the duties with respect to the Sponsoring Individuals delegated to them by the Trustees. Requirements. The Sponsoring Individual is required to remit premiums and other information to the Trust concerning the Sponsoring Individual’s Plans. Xxxxxxxx and coverage for the Sponsoring Individual’s Plans are based on the information that Sponsoring Individual supplies, so it is important that this be accurate, complete and timely. The Trust reserves the right to audit the Sponsoring Individual’s enrollment eligibility records. The Trust will not be responsible for missed deadlines due to the Sponsoring Individual’s non-response or late response to requests for data or information. None of the Trust, Trustees, GBS employees, officers, producers nor consultants will be liable for any damages or other consequences (including errors in xxxxxxxx, coverage or other administration) that result from use of inaccurate or incomplete information that the Sponsoring Individual provides. The Sponsoring Individual, or a principal of the Sponsoring Individual is also required to be a Member of the Microsoft Alumni Network. If the Sponsoring Individual (or its Principal) ceases to be a Member, coverage will end on the later of: (i) sixty (60) days following the date that the Sponsoring Individual (or its Principal) ceased to be a Member; or (ii) thirty (30) days after the Trustees give notice that coverage is being terminated due to the fact that the Sponsoring Individual is no longer a Principal. Not more than 60-day retroactive eligibility adjustments from the Sponsoring Individual’s will be considered. All monthly premium amounts due are to be paid in full as billed. SIGNAT...
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Terms of Trust. As a Sponsoring Employer under the Trust Agreement, you agree to be bound by all of its terms and conditions, which are incorporated by reference into this Participation Agreement. The Trust Agreement contains terms governing, among other things, the power to amend or terminate, the power to establish funding rates, the power to impose withdrawal and termination liability and the requirement that Sponsoring Employers provide indemnification. Sponsoring Employer Plan. Any function or responsibility not specifically assigned or delegated to GBS, or its successor, with respect to administration of the Sponsoring Employer’s Plans are retained by Sponsoring Employers and will be carried out by the person or entity that has been designated by the Sponsoring Employer. GBS, or its successor, will have the duties with respect to the Sponsoring Employers delegated to them by the Trustees. Determining COBRA Applicability. COBRA is a Federal Law that provides for self-pay continuation of group health plan benefits when certain events occur that cause coverage under a group plan to cease. The employer must determine whether COBRA applies to its group health plan. MSABT recommends that employers seek advice from their legal counsel in making this determination. However, generally, an employer determines whether COBRA applies to its group health plan for each calendar year using the following parameters: On January 1 of every year, the employer looks back at the prior year to determine whether a minimum of 20 employees were employed on a typical business day for at least 50% of its business days. If a minimum of 20 employees were employed, then COBRA applies for the current year. All common-law employees must be counted regardless of their eligibility or participation for the group health plan. This includes all full-time and part-time employees (counts as a fraction of a full-time employee.)
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Terms of Trust. The terms of the Trust shall provide that upon a Change in Control (i) the Trust shall not be revoked or the principal thereof invaded, without the written consent of Director, (ii) the Trustee shall advance, within ten business days of a request by Director, any and all Expenses to Director (and Director hereby agrees to reimburse the Trust upon the circumstances under which Director would be required to reimburse Toro under Section 2(b) of this Agreement), (iii) the Trust shall continue to be funded by Toro in accordance with the funding obligation set forth above, (iv) the Trustee shall promptly pay to Director all amounts which Director shall be entitled to, pursuant to this Agreement or otherwise, and (v) all unexpended funds in such Trust shall revert to Toro upon a final determination by the Reviewing Party or a court of competent jurisdiction, as the case may be, that Director has been fully indemnified under the terms of this Agreement. The Trustee shall be chosen by Director. Nothing in this Section 4 shall relieve Toro of any of its obligations under this Agreement.
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Terms of Trust 
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Related to Terms of Trust

  • Situs of Trust The Trust will be located and administered in the State of Delaware. All bank accounts maintained by the Owner Trustee on behalf of the Trust shall be located in the State of Delaware or the State of New York. Payments will be received by the Trust only in Delaware or New York and payments will be made by the Trust only from Delaware or New York. The Trust shall not have any employees in any state other than Delaware; provided, however, that nothing herein shall restrict or prohibit the Owner Trustee, the Servicer or any agent of the Trust from having employees within or outside the State of Delaware. The only office of the Trust will be at the Corporate Trust Office located in Delaware.

  • Duration of Trust Unless terminated as provided herein, the Trust shall have perpetual existence.

  • STANDARD TERMS AND CONDITIONS OF TRUST Subject to the provisions of Part II hereof, all the provisions contained in the Standard Terms and Conditions of Trust are herein incorporated by reference in their entirety and shall be deemed to be a part of this instrument as fully and to the same extent as though said provisions had been set forth in full in this instrument.

  • of the Standard Terms and Conditions of Trust The Portfolio Supervisor may employ one or more sub- Portfolio Supervisors to assist in performing the services set forth in this Section 4.05 and shall not be answerable for the default of any such sub-Portfolio Supervisors if such sub-Portfolio Supervisors shall have been selected with reasonable care, provided, however, that the Portfolio Supervisor will indemnify and hold the Trust harmless from and against any loss occurring as a result of a sub- Portfolio Supervisor's willful misfeasance, reckless disregard, bad faith, or gross negligence in performing supervisory duties. The fees and expenses charged by such sub-Portfolio Supervisors shall be paid by the Portfolio Supervisor out of proceeds received by the Portfolio Supervisor in accordance with Section 4.03 hereof."

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • Creation of Trust Each Purchaser hereby irrevocably transfers and assigns to the Trustee, and the Trustee hereby accepts the transfer and assignment of, the right to vote and consent for each Purchaser in connection with all of such Purchaser’s voting and consent rights and responsibilities as a Beneficial Owner of the Subject Shares with respect to the following matters (collectively, the “Voting Matters”): (a) the election of the two members of the Board of Trustees for which holders of VMTP Shares are exclusively entitled to vote under Section 18(a)(2)(C) of the Investment Company Act of 1940, as amended (the “1940 Act”) and all other rights given to holders of VMTP Shares with respect to the election of the Board of Trustees of the Fund; (b) the conversion of the Fund from a closed-end management company to an open-end management company, or to change the Fund’s classification from diversified to non-diversified, each pursuant to Section 13(a)(1) of the 1940 Act (any of the foregoing, a “Conversion”), together with any additional voting or consent right under the Statement and the Purchase Agreement that relates solely to any action or amendment to the Statement that is so closely related to the Conversion that it would be impossible to give effect to the Conversion without implicating such additional voting or consent right; provided that any such additional voting or consent right shall not include any voting or consent right related to satisfying any additional term, condition or agreement which the Conversion is conditioned upon or subject to; (c) the deviation from a policy in respect of concentration of investments in any particular industry or group of industries as recited in the Fund’s registration statement, pursuant to Section 13(a)(3) of the 1940 Act (a “Deviation”), together with any additional voting or consent right under the Statement and the Purchase Agreement that relates solely to any action or amendment to the Statement that is so closely related to the Deviation that it would be impossible to give effect to the Deviation without implicating such additional voting or consent right; provided that any such additional voting or consent right shall not include any voting or consent right related to satisfying any additional term, condition or agreement which the Deviation is conditioned upon or subject to; (d) borrowing money, issuing senior securities, underwriting securities issued by other Persons, purchasing or selling real estate or commodities or making loans to other Persons other than in accordance with the recitals of policy with respect thereto in the Fund’s registration statement, pursuant to Section 13(a)(2) of the 1940 Act (any of the foregoing, a “Policy Change”), together with any additional voting or consent right under the Statement and the Purchase Agreement that relates solely to any action or amendment to the Statement that is so closely related to the Policy Change that it would be impossible to give effect to the Policy Change without implicating such additional voting or consent right; provided that any such additional voting or consent right shall not include any voting or consent right related to satisfying any additional term, condition or agreement which the Policy Change is conditioned upon or subject to; (e) any state law voting and consent rights granted to such Purchaser as a matter of state law unless such voting or consent rights relate to situations where the rights or seniority of the Beneficial Owners of the Subject Shares could be adversely affected (as determined by such Purchaser) (except, for the avoidance of doubt, this subsection (e) shall not allow such Purchaser to exercise those rights transferred specifically in Sections 1(a) through (d) of this Agreement); and (f) all other voting and consent rights of such Purchaser as a Beneficial Owner of the Subject Shares unless such voting or consent rights relate to situations where the rights or seniority of the Beneficial Owners of the Subject Shares could be adversely affected (as determined by such Purchaser) (except, for the avoidance of doubt, this subsection (f) shall not allow such Purchaser to exercise those rights transferred specifically in Sections 1(a) through (e) of this Agreement). In order to effect the transfer of voting and consent rights with respect to the Voting Matters, each of the Purchasers hereby irrevocably appoints and constitutes, and will cause each of its Affiliates who are Beneficial Owners of any Subject Shares to irrevocably appoint and constitute, the Trustee as its attorney-in-fact and agrees, and agrees to cause each of such Affiliates, to grant the Trustee one or more irrevocable proxies with respect to the Voting Matters and further agrees to renew any such proxies that may lapse by their terms while the Subject Shares are still subject to this Voting Trust Agreement. WFC Holdings, WFMCS and EVEREN each will retain all other voting rights under the Related Documents and each of WFC Holdings (or its Affiliates or designee), WFMCS (or its Affiliates or designee), and EVEREN (or its Affiliates or designee) will also be the registered owner of its respective VMTP Shares. If any dividend or other distribution in respect of the Subject Shares is paid, such dividend or distribution will be paid directly to either WFC Holdings, WFMCS, or EVEREN, respectively (or to any such Affiliate or designee of WFC Holdings, WFMCS, or EVEREN then owning such Subject Shares); provided, that, any Additional Shares will become part of the Subject Shares covered by this Agreement.

  • Termination of Trust Indenture Upon (or at any time after) payment in full of the Original Amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that there shall then be no other Secured Obligations due to the Indenture Indemnitees, the Note Holders and the Mortgagee hereunder or under the Participation Agreement, any other Operative Agreement, any Related Equipment Note or any Related Indenture, the Owner shall direct the Mortgagee to execute and deliver to or as directed in writing by the Owner an appropriate instrument releasing the Aircraft and the Engines and (subject to paragraph (iv) of clause “Third” of Section 3.03 hereof, if applicable) all other Collateral from the Lien of this Trust Indenture and the Mortgagee shall execute and deliver such instrument as aforesaid; provided, however, that this Trust Indenture and the trusts created hereby shall earlier terminate and this Trust Indenture shall be of no further force or effect upon any sale or other final disposition by the Mortgagee of all property constituting part of the Collateral and the final distribution by the Mortgagee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Trust Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

  • Purposes of Trust (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes and (ii) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust. (b) So long as this Trust Agreement remains in effect, the Trust (or the Trustees acting on behalf of the Trust) shall not undertake any business, activities or transaction except as expressly provided herein or contemplated hereby. In particular, the Trust (or the Trustees acting on behalf of the Trust) shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off or otherwise dispose of any of the Trust Property or interests therein, including to Holders, except as expressly provided herein, (iii) incur any indebtedness for borrowed money or issue any other debt, (iv) take or consent to any action that would result in the placement of a Lien on any of the Trust Property, (v) take or consent to any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust for United States federal income tax purposes, (vi) take or consent to any action that would cause the Notes to be treated as other than indebtedness of the Depositor for United States federal income tax purposes or (vii) take or consent to any action that would cause the Trust to be deemed to be an “investment company” required to be registered under the Investment Company Act.

  • Amendment to Certificate of Trust If at any time required by Section 3810 of the Statutory Trust Statute, the Trustee, the Delaware Trustee and any other trustee of the Trust shall cause an amendment to the Certificate of Trust to be filed with the Secretary of State in accordance with the provisions of such Section 3810.

  • Establishment of Trust In the event of a Change in Control (other than a Change in Control approved by a majority of the directors on the Board who were directors immediately prior to such Change in Control) the Company shall, upon written request by Indemnitee, create a Trust for the benefit of the Indemnitee and from time to time upon written request of Indemnitee shall fund the Trust in an amount sufficient to satisfy any and all Expenses reasonably anticipated at the time of each such request to be incurred in connection with investigating, preparing for, participating in, and/or defending any Proceeding relating to an Indemnifiable Event. The amount or amounts to be deposited in the Trust pursuant to the foregoing funding obligation shall be determined by the Independent Counsel. The terms of the Trust shall provide that (i) the Trust shall not be revoked or the principal thereof invaded without the written consent of the Indemnitee, (ii) the Trustee shall advance, within ten business days of a request by the Indemnitee, any and all Expenses to the Indemnitee (and the Indemnitee hereby agrees to reimburse the Trust under the same circumstances for which the Indemnitee would be required to reimburse the Company under Section 2(c) of this Agreement), (iii) the Trust shall continue to be funded by the Company in accordance with the funding obligation set forth above, (iv) the Trustee shall promptly pay to the Indemnitee all amounts for which the Indemnitee shall be entitled to indemnification pursuant to this Agreement or otherwise, and (v) all unexpended funds in the Trust shall revert to the Company upon a final determination by the Independent Counsel or a court of competent jurisdiction, as the case may be, that the Indemnitee has been fully indemnified under the terms of this Agreement. The Trustee shall be chosen by the Indemnitee. Nothing in this Section 7 shall relieve the Company of any of its obligations under this Agreement. All income earned on the assets held in the Trust shall be reported as income by the Company for federal, state, local, and foreign tax purposes. The Company shall pay all costs of establishing and maintaining the Trust and shall indemnify the Trustee against any and all expenses (including attorneys’ fees), claims, liabilities, loss, and damages arising out of or relating to this Agreement or the establishment and maintenance of the Trust.

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