Common use of Transfer of Trust Units Clause in Contracts

Transfer of Trust Units. (a) Subject to the provisions of this Article 11, the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee or shall be in any way binding upon the Trustee until the transfer has been recorded on the register or one of the branch transfer registers maintained by the Trustee or Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) Subject to the provisions of this Article 11, Trust Units shall be transferable on the register or one of the branch transfer registers of Unitholders of the Trust only by the Unitholders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto duly authorized in writing, and only upon delivery to the Trustee or to the Transfer Agent of the Trust if appointed, of the certificate therefor, if certificates representing Trust Units are issued, properly endorsed or accompanied by a duly executed instrument of transfer and accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the Trustee. Upon such delivery the transfer shall be recorded on the register of Unitholders and a new Trust Certificate for the residue thereof (if any) shall be issued to the transferor. Unless the Corporation agrees to assume liability for the transfer and exchange fees the Unitholder shall be responsible for such fees and expenses. (c) Any person becoming entitled to any Trust Units as a consequence of the death, bankruptcy or incompetence of any Unitholder or otherwise by operation of law, shall be recorded as the holder of such Trust Units and shall receive a new Trust Certificate therefor only upon production of evidence satisfactory to the Trustee thereof and delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other event.

Appears in 3 contracts

Samples: Trust Indenture (Baytex Energy Trust), Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust)

AutoNDA by SimpleDocs

Transfer of Trust Units. (a) 7.12.1 Subject to the provisions of this Article 11ARTICLE 7, the Trust Units shall be for all purposes of the Trust and this Contract of Trust, personal and moveable property, and the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee Trustees or shall be in any way binding upon the Trustee Trustees until the transfer has been recorded on the register or one of the branch transfer registers Register maintained by the Trustee Trustees, the Trust or the Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) 7.12.2 Subject to the provisions of this Article 11ARTICLE 7, Trust Units shall be transferable on the register or one of the branch transfer registers of Unitholders of the Trust Register only by the Unitholders holders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto or attorneys duly authorized in writing, and only upon delivery to the Trustee Trust or to the Transfer Agent of the Trust if appointed, of the certificate therefor, if certificates representing Trust Units are issued, properly endorsed or accompanied by a duly executed instrument of transfer or power of attorney and accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the TrusteeTrustees or the Transfer Agent. Upon such delivery the transfer shall be recorded on the register of Unitholders Register or branch transfer registers and a new Trust Unit Certificate for the residue thereof (if any) Trust Units shall be issued to the transferee and a new Unit Certificate for the balance of Trust Units not transferred shall be issued to the transferor. 7.12.3 Unit Certificates representing any number of Trust Units may be exchanged without charge for Unit Certificates representing an equivalent number of Units in the aggregate. Unless Any exchange of Unit Certificates may be made at the Corporation agrees offices of the Trust or the Transfer Agent where registers are maintained for Unit Certificates pursuant to assume liability the provisions of this ARTICLE 7. Any Unit Certificates tendered for the transfer and exchange fees the Unitholder shall be responsible for such fees surrendered to the Trustees or appropriate Transfer Agent and expenses. (c) Any person becoming entitled to any Trust Units as a consequence of the death, bankruptcy or incompetence of any Unitholder or otherwise by operation of law, then shall be recorded as the holder of such Trust Units and shall receive a new Trust Certificate therefor only upon production of evidence satisfactory to the Trustee thereof and delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other eventcancelled.

Appears in 1 contract

Samples: Contract of Trust

Transfer of Trust Units. (a) Subject to the provisions of this Article 11, the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee or shall be in any way binding upon the Trustee until the transfer has been recorded on the register or one of the branch transfer registers maintained by the Trustee or Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) Subject to the provisions of this Article 11Section 3.4, Trust Units shall be, for all purposes of the Fund and this Trust Agreement, personal and moveable property, and shall be transferable on the register or one of the branch transfer registers of Unitholders at any time and from time to time by endorsement and delivery of the Trust only by Unit Certificates in the Unitholders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto duly authorized in writing, same manner and only upon delivery subject to the Trustee or same provisions and conditions, so near as may be, as are applicable to the Transfer Agent transfers of the Trust if appointed, shares of the certificate therefor, if certificates representing Trust Units are issued, properly endorsed or accompanied by a duly executed instrument of transfer and accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the TrusteeOBCA Corporations. Upon such delivery the transfer Transfers shall be recorded on the register of Unitholders and a new Trust Unit Certificate for the Trust Units so transferred shall be issued to the transferee, and in case of a transfer of only part of the Trust Units represented by any Trust Unit Certificate, a new Trust Unit Certificate for the residue thereof (if any) shall be issued to the transferor. Unless If Trust Units are issued as Book-Entry Only Trust Units, the Corporation agrees provisions of Sections 12.1 to assume liability for 12.4 apply. (b) The Trustee shall not impose any restriction on the transfer and of Trust Units except pursuant to Section 3.4 unless such restriction is necessary, in the opinion of counsel to the Fund: (i) as a condition of obtaining or maintaining the status of the Fund as a "unit trust" or "mutual fund trust" under the Tax Act; (ii) in order to comply with any applicable laws, regulations or other requirements imposed by regulatory authorities; or (iii) in order to obtain, maintain or renew any licences, rights, status or powers pursuant to any other applicable laws, regulations or other requirements imposed by any stock exchange fees or other applicable regulatory authorities. If any such restriction is or becomes necessary, the Unitholder Trustee shall be responsible for such fees and expenseshave the power to restrict the transfer of Trust Units on the books of the Fund without liability to Unitholders or others who are thereby restricted from making a transfer. (c) Any person becoming entitled The Trustee may require any Unitholder, upon demand from time to any time, to disclose to the Trustee in writing such information with respect to direct and indirect ownership of Trust Units as a consequence the Trustee may deem necessary to comply with any of the death, bankruptcy foregoing. (d) Trust Unit Certificates representing any number of Trust Units may be exchanged without charge for Trust Unit Certificates representing an equivalent number of Trust Units in the aggregate. Any exchange of Trust Unit Certificates may be made at the offices of the Fund or incompetence any Transfer Agent appointed by the Trustee where registers are maintained for Trust Unit Certificates pursuant to the provisions of any Unitholder or otherwise by operation of law, this Article 12. Any Trust Unit Certificates tendered for exchange shall be recorded as the holder of such Trust Units and shall receive a new Trust Certificate therefor only upon production of evidence satisfactory surrendered to the Trustee thereof or appropriate Transfer Agent and delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record then shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other eventcancelled.

Appears in 1 contract

Samples: Trust Agreement (Strategic Energy Fund)

Transfer of Trust Units. (a) Subject to the provisions of this Article 11, the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee or shall be in any way binding upon the Trustee until the transfer has been recorded on the register or one of the branch transfer registers maintained by the Trustee or Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) Subject to the provisions of this Article 11, Trust Units shall be transferable on the register or one of the branch transfer registers of Unitholders of the Trust only by the Unitholders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto duly authorized in writing, and only upon delivery to the Trustee or to the Transfer Agent of the Trust if appointed, of the certificate therefor, if certificates representing Trust Units are issued, properly endorsed or accompanied by a duly executed instrument of transfer and accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the Trustee. Upon such delivery the transfer shall be recorded on the register of Unitholders and a new Trust Certificate for the residue thereof (if any) shall be issued to the transferor. Unless the Corporation agrees to assume liability for the transfer and exchange fees the Unitholder shall be responsible for such fees and expenses. (c) Any person becoming entitled to any Trust Units as a consequence of the death, bankruptcy or incompetence of any Unitholder or otherwise by operation of law, shall be recorded as the holder of such Trust Units and shall receive a new Trust Certificate therefor only upon production of evidence satisfactory to the Trustee thereof and delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other event.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

AutoNDA by SimpleDocs

Transfer of Trust Units. (a) Subject to the provisions of this Article 11, the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee or shall be in any way binding upon the Trustee until the transfer has been recorded on the register or one of the branch transfer registers maintained by the Trustee or Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) Subject to the provisions of this Article 11, Trust Units shall be transferable on the register or one of the branch transfer registers of Unitholders of the Trust only by the Unitholders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto duly authorized in writing, and only upon delivery to the Trustee or to the Transfer Agent of the Trust if appointed, of the certificate therefor, therefor if certificates a certificate representing the Trust Units are has been issued, properly endorsed or accompanied by a duly executed instrument of transfer and or a duly executed instrument of transfer if a certificate representing the Trust Units has not been issued, in either case accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the Trustee. Upon such delivery the transfer shall be recorded on the register of Unitholders and and, if applicable a new Trust Certificate for the residue thereof (if any) shall be issued to the transferor. Unless the Corporation agrees to assume liability for the transfer and exchange fees the Unitholder shall be responsible for such fees and expenses. (c) Any person becoming entitled to any Trust Units as a consequence of the death, bankruptcy or incompetence of any Unitholder or otherwise by operation of law, shall be recorded as the holder of such Trust Units and and, if applicable, shall receive a new Trust Certificate therefor only upon production of evidence satisfactory to the Trustee thereof and and, if applicable, delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other event.

Appears in 1 contract

Samples: Trust Indenture (Harvest Energy Trust)

Transfer of Trust Units. (a) Subject to the provisions of this Article 1112, the Trust Units shall be fully transferable without charge as between persons, but no transfer of Trust Units shall be effective as against the Trustee or shall be in any way binding upon the Trustee until the transfer has been recorded on the register or one of the branch transfer registers maintained by the Trustee or Transfer Agent. No transfer of a Trust Unit shall be recognized unless such transfer is of a whole Trust Unit. (b) Subject to the provisions of this Article 1112, Trust Units shall be transferable on the register or one of the branch transfer registers of Unitholders of the Trust only by the Unitholders of record thereof or their executors, administrators or other legal representatives or by their agents hereunto duly authorized in writing, and only upon delivery to the Trustee or to the Transfer Agent of the Trust if appointed, of the certificate therefor, if certificates representing Trust Units are issued, properly endorsed or accompanied by a duly executed instrument of transfer and accompanied by all necessary transfer or other taxes imposed by law, together with such evidence of the genuineness of such endorsement, execution and authorization and other matters that may reasonably be required by the Trustee. Upon such delivery the transfer shall be recorded on the register of Unitholders and a new Trust Certificate for the residue thereof (if any) shall be issued to the transferor. Unless the Corporation agrees to assume liability for the transfer and exchange fees the Unitholder shall be responsible for such fees and expenses. (c) Any person becoming entitled to any Trust Units as a consequence of the death, bankruptcy or incompetence of any Unitholder or otherwise by operation of law, shall be recorded as the holder of such Trust Units and shall receive a new Trust Certificate therefor only upon production of evidence satisfactory to the Trustee thereof and delivery of the existing Trust Certificate to the Trustee, but until such record is made the Unitholder of record shall continue to be and be deemed to be the holder of such Trust Units for all purposes whether or not the Trustee shall have actual or other notice of such death or other event.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!