Trust Provision. This Agreement, to the extent executed by the trustee of a trust, is executed by such trustee solely as trustee and not in a separate capacity. Nothing herein contained shall create any liability on, or require the performance of any covenant by, any such trustee individually, nor shall anything contained herein subject the individual personal property of any trustee to any liability.
Trust Provision. The benefit of any release or indemnity in favour of the Access Provider’s Associates contained in this Agreement is held on trust for each of them by the Access Provider and may be enforced for each of their benefit by the Access Provider.
Trust Provision. 22.1 Each Party described in this Agreement as a trustee (Trustee) enters into this Agreement only in its capacity as a trustee of the trust of which it is described as the Trustee (Trust).
22.2 Subject to clause 22.1, and despite any other provision of this Agreement, a Liability arising under or in connection with this Agreement is limited and can be enforced against a Trustee only to the extent to which the Trustee is indemnified out of the assets of the Trust.
22.3 The limitation set out in clause 22.2 does not apply where the Trustee’s right to indemnification is reduced or lost as a result of fraud, breach of trust or breach of duty by the Trustee.
22.4 This clause 22 will survive the termination or expiry of this Agreement.
Trust Provision. This Agreement and all documents, agreements, undertakings and arrangements relating thereto have been negotiated, executed and delivered on behalf of the Company by the trustees or officers thereof in their representative capacity under the Declaration of Trust of Kranzco Realty Trust, and not individually, and bind only the trust estate of the Company, and no trustee, officer, employee, agent or shareholder of the Company shall be bound or held to any personal liability or responsibility in connection with the agreements, obligations and undertakings of the Company thereunder, and any person or entity dealing with the Company in connection therewith shall look solely to the trust estate for the payment of any claim or for the performance of any agreement, obligation or undertaking thereunder. The Rights Agent acknowledges and agrees that each agreement and transaction shall be deemed and treated to include in all respects and for all purposes the foregoing exculpatory provision.
Trust Provision. Any payments received by the Debtor at any time after the occurrence and during the continuance of an Event of Default, whether before or after notification to Account Debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor and shall be immediately paid over to the Secured Party in the same form as received (with any necessary endorsement) to be applied in the same manner as payments received directly by the Secured Party.
Trust Provision. This Agreement and all documents, agreements, understandings and arrangements relating thereto have been negotiated, executed and delivered on behalf of the Company by the trustees or officers thereof in their representative capacity under the Trust Agreement of December 16, 1997 and not individually, and bind only the trust estate of the Company, and no trustee, officer, employee, agent or shareholder of the Company shall be bound or held to any personal liability or responsibility in connection with the agreements, obligations and undertakings of the Company thereunder, and any person or entity dealing with the Company in connection therewith shall look solely to the trust estate for the payment of any claim or for the performance of any agreement, obligation or undertaking thereunder. The Rights Agent acknowledges and agrees that each agreement and other document executed by the Company in accordance with or in respect of this transaction shall be deemed and treated to include in all respects and for all purposes the foregoing exculpatory provision.
Trust Provision. This Agreement and all documents, agreements, understandings and arrangements relating thereto have been negotiated, executed and delivered on behalf of the Company by the trustees or officers thereof in their representative capacity under the Amended and Restated Declaration of Trust of New Plan Realty Trust dated as of January 15, 1996 and not individually, and bind only the trust estate of the Company, and no trustee, officer, employee, agent or shareholder of the Company shall be bound or held to any personal liability or responsibility in connection with the agreements, obligations and undertakings of the Company thereunder, and any person or entity dealing with the Company in connection therewith shall look solely to the trust estate for the payment of any claim or for the performance of any agreement, obligation or undertaking thereunder. The Rights Agent acknowledges and agrees that each agreement and other document executed by the Company in accordance with or in respect of this transaction shall be deemed and treated to include in all respects and for all purposes the foregoing exculpatory provision.
Trust Provision. Notwithstanding the references herein or in any Debenture to this Indenture as a “Trust Indenture” or to Computershare Trust Company of Canada (or its successor hereunder, if any, or any additional trustee or co-trustee hereunder) as a “Debenture Trustee” or to it acting as Debenture Trustee, and notwithstanding anything set forth herein, no trust within the meaning of Chapter II of Title Six of Book Four of the Civil Code of Québec is intended to be or is created or constituted hereby. In addition, the provisions of Title Seven of Book Four of the Civil Code of Québec, to the extent in any way inconsistent with the provisions of this Indenture, are not intended to, and shall not apply to any administration by the Debenture Trustee hereunder.
Trust Provision. Section III.D of the Agreement shall be of no further force and effect as of the Effective Date, and accordingly, the Corporation shall have no obligation to establish a trust with respect to any potential benefits payable to the Executive or to make any contribution to any such trust.
Trust Provision. The Security Agent holds the Security constituted by this Deed on trust for the Secured Parties in accordance with the provisions of the Collateral Agency Agreement.
