Trust Companies. 5.1 In the event that you have entered into any form of agreement with Standard Chartered Trust (Cayman) Ltd or Standard Chartered Trust (Guernsey) Limited (hereinafter referred to as “SCTCL” or “SCTGL” respectively and collectively as the “Trust Company”) to act as trustee, nominee or in any other fiduciary capacity for you, then this signed Agreement and (for individuals who wish to send original instruction messages to their Private Banker per the terms of Section 3 of this Agreement) any original instruction messages that you send to the Bank through the Message Centre will be deemed to be your request addressed directly to the Trust Company in its capacity as your trustee, nominee or other fiduciary for you to enrol, access and use the Service on a continuing basis; and you agree that such instruction shall have the same effect as a document with your signature on it sent directly to the Trust Company.
Trust Companies. If Purchaser or an Affiliate of Purchaser (i) has submitted an application to form a trust company on or before the six month anniversary of the Closing Date and (ii) been issued a charter for a trust company on or before the 18- month anniversary of the Closing Date, then Seller will pay Purchaser, promptly upon receipt of an invoice, an amount equal to 50% of such trust company’s equity capitalization as of such 18-month anniversary date, but in no event shall Seller pay more than $24,000,000.
Trust Companies. No member of the BHC Group is or has been required to be registered, licensed or qualified as a trust company under any Applicable Law, or subject to any material liability or disability by reason of any failure to be so registered, licensed or qualified, except for any such failure that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the BHC Group.
Trust Companies. 5.1 In the event that you are acting in your capacity as trustee, nominee, settlor, investment manager or in any other fiduciary capacity (including as an authorized representative of Standard Chartered Trust (Singapore) Limited or Standard Chartered Trust (Guernsey) Limited) [or you are an entity owned directly or indirectly by a trustee, nominee or other fiduciary], then the Bank may exercise its absolute discretion to limit your use of the Service to viewing information in respect of your accounts, without access to the Message Centre, and you may not be able to send any instructions (including, but not limited to, payment instructions or investment instructions) via the Service.
