Trust Existence. The Issuer will keep in full effect its existence, rights and franchises as a trust under the laws of Delaware (unless it or any successor Issuer becomes a trust under the laws of any other State or the United States of America in which case the Issuer shall keep in full effect its existence, rights and franchises as a trust under the laws of such other jurisdiction), and will obtain and preserve its qualification to do business as a foreign entity in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Bonds issued thereby, and any other agreement to which it is a party relating to any Series; provided, however, that the Owner Trustee shall not be required to do business as a foreign entity in any jurisdiction for the purposes of satisfying the requirements of this Section 3.05.
Trust Existence. Each of the Trust and the Commercial Trust is duly formed and organized and validly existing under the laws of Alberta and is duly qualified to carry on its trust activities in the Province of Alberta and every other jurisdiction in which the nature of any material activities carried on by it or the character of any material properties owned or leased by it makes such qualification necessary;
Trust Existence the Borrower shall cause the Trust to maintain its existence as a “mutual fund trust” (within the meaning of the Income Tax Act (Canada)) and as a trust validly subsisting under the laws of the Province of Alberta and to qualify and remain qualified as a trust authorized to carry on business under the laws of each jurisdiction in which the nature of any business conducted by it or the character of any properties and assets owned or leased by it requires such qualification except to the extent failure to qualify would not reasonably be expected to have a Material Adverse Effect;
Trust Existence. Guarantor is duly formed, validly existing and in good standing under the laws of the State of Delaware and has the trust power to own its assets and to transact the business in which it is now engaged.
Trust Existence. The Issuer and its successors and assigns shall maintain its Trust existence and shall at all times continue to be duly organized under the laws of its respective jurisdiction of formation and be duly qualified and duly authorized (as described in subsections 2.02(a), (b) and (c) hereof) and shall conduct its business in accordance with the terms of its Trust Agreement.
Trust Existence. The Company will take all steps necessary to preserve and continue the trust existence of the Company.
Trust Existence. Borrower shall, and shall cause each Subsidiary of Borrower to, (i) maintain its existence, (ii) maintain in full force and effect all licenses, bonds, franchises, leases, trademarks and qualifications to do business, and all patents, contracts and other rights necessary to the conduct of their businesses, except where the failure to maintain such rights would not reasonably be expected to have a Material Adverse Effect, and (iii) continue in, and limit their operations to, the Business. Nothing in this paragraph shall be deemed to prevent the transfer of interests in, or Borrower's terminating and/or liquidating Subsidiaries from time to time, provided that after such transfer, termination and/or liquidation Borrower and its remaining Subsidiaries are in full compliance with this Agreement in all material respects.
Trust Existence. Subject to ARTICLE EIGHT, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its real estate investment trust existence, rights (charter and statutory) and franchises; PROVIDED, HOWEVER, that the Company shall not be required to preserve any such right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.
Trust Existence. 46 6.4 Books and Records; Inspections................................................................ 46 6.5 Borrower's Calculations and Certifications.................................................... 46 6.6 Taxes......................................................................................... 47 6.7
Trust Existence. The Trust has been duly created and is validly existing and in good standing as a statutory trust under the Delaware Act with the power and authority to own property and to conduct its business as described in the Registration Statement and Prospectus and to enter into and perform its obligations under this Agreement and the Trust Agreement; the Trust is and will be classified for United States Federal income tax purposes as a grantor trust and not as an association taxable as a corporation. The Trust does not have any consolidated or unconsolidated Significant Subsidiaries as such term is defined in Rule 1-02 of Regulation S-X, and will be treated in accordance with U.S. generally accepted accounting principles. The Trust is not required to be authorized to do business in any jurisdiction other than the State of Delaware. The Trust is duly qualified to transact business and is in good standing in each jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so qualify or to be in good standing would not result in a material adverse change or event which would result in a material adverse effect on the condition of the trust, financial or otherwise.
