Common use of Trust Provisions Clause in Contracts

Trust Provisions. 16.16.1 In its capacity as trustee in relation to the Security Documents specified in clause 16.14.1, the Security Agent shall, without prejudice to any of the powers, discretions and immunities conferred upon trustees by law (and to the extent not inconsistent with the provisions of any of those Security Documents), have all the same powers and discretions as a natural person acting as the beneficial owner of such property and/or as are conferred upon the Security Agent by any of those Security Documents. 16.16.2 It is expressly declared that, in its capacity as trustee in relation to the Security Documents specified in clause 16.14.1, the Security Agent shall be entitled to invest moneys forming part of the security and which, in the opinion of the Security Agent, may not be paid out promptly following receipt in the name or under the control of the Security Agent in any of the investments for the time being authorised by law for the investment by trustees of trust moneys or in any other property or investments whether similar to the aforesaid or not or by placing the same on deposit in the name or under the control of the Security Agent as the Security Agent may think fit without being under any duty to diversify its investments and the Security Agent may at any time vary or transpose any such property or investments for or into any others of a like nature and shall not be responsible for any loss due to depreciation in value or otherwise of such property or investments. Any investment of any part or all of the security may, at the discretion of the Security Agent, be made or retained in the names of nominees.

Appears in 5 contracts

Samples: Loan Agreement (Quintana Shipping Ltd.), Supplemental Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)

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Trust Provisions. 16.16.1 In its capacity as trustee in relation to the Security Documents specified in clause 16.14.116.15.1, the Security Agent shall, without prejudice to any of the powers, discretions and immunities conferred upon trustees by law (and to the extent not inconsistent with the provisions of any of those Security Documents), have all the same powers and discretions as a natural person acting as the beneficial owner of such property and/or as are conferred upon the Security Agent by any of those Security Documents. 16.16.2 It is expressly declared that, in its capacity as trustee in relation to the Security Documents specified in clause 16.14.116.15.1, the Security Agent shall be entitled to invest moneys forming part of the security and which, in the opinion of the Security Agent, may not be paid out promptly following receipt in the name or under the control of the Security Agent in any of the investments for the time being authorised by law for the investment by trustees of trust moneys or in any other property or investments whether similar to the aforesaid or not or by placing the same on deposit in the name or under the control of the Security Agent as the Security Agent may think fit without being under any duty to diversify its investments and the Security Agent may at any time vary or transpose any such property or investments for or into any others of a like nature and shall not be responsible for any loss due to depreciation in value or otherwise of such property or investments. Any investment of any part or all of the security may, at the discretion of the Security Agent, be made or retained in the names of nominees.

Appears in 3 contracts

Samples: Facility Agreement (Costamare Partners LP), Facility Agreement (Costamare Partners LP), Loan Agreement (DryShips Inc.)

Trust Provisions. 16.16.1 In its capacity as trustee in relation to the Security Documents specified in clause 16.14.1, 16. 15.1 the Security Agent shall, without prejudice to any of the powers, discretions and immunities conferred upon trustees by law (and to the extent not inconsistent with the provisions of any of those Security Documents), have all the same powers and discretions as a natural person acting as the beneficial owner of such property and/or as are conferred upon the Security Agent by any of those Security Documents. 16.16.2 It is expressly declared that, in its capacity as trustee in relation to the Security Documents specified in clause 16.14.116.15.1, the Security Agent shall be entitled to invest moneys forming part of the security and which, in the opinion of the Security Agent, may not be paid out promptly following receipt in the name or under the control of the Security Agent in any of the investments for the time being authorised by law for the investment by trustees of trust moneys or in any other property or investments whether similar to the aforesaid or not or by placing the same on deposit in the name or under the control of the Security Agent as the Security Agent may think fit without being under any duty to diversify its investments and the Security Agent may at any time vary or transpose any such property or investments for or into any others of a like nature and shall not be responsible for any loss due to depreciation in value or otherwise of such property or investments. Any investment of any part or of all of the security may, at the discretion of the Security Agent, be made or retained in the names of nominees.

Appears in 2 contracts

Samples: Loan Agreement (Poseidon Containers Holdings Corp.), Loan Agreement (DryShips Inc.)

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Trust Provisions. 16.16.1 In its capacity as trustee in relation to the Security Documents specified in clause 16.14.1, the Security Agent Trustee shall, without prejudice to any of the powers, discretions and immunities conferred upon trustees by law (and to the extent not inconsistent with the provisions of any of those Security Documents), have all the same powers and discretions as a natural person acting as the beneficial owner of such property and/or as are conferred upon the Security Agent Trustee by any of those Security Documents. 16.16.2 It is expressly declared that, in its capacity as trustee in relation to the Security Documents specified in clause 16.14.1, the Security Agent Trustee shall be entitled to invest moneys forming part of the security and which, in the opinion of the Security AgentTrustee, may not be paid out promptly following receipt in the name or under the control of the Security Agent Trustee in any of the investments for the time being authorised by law for the investment by trustees of trust moneys or or, subject to the Lenders’ prior written consent, in any other property or investments whether similar to the aforesaid or not or by placing the same on deposit in the name or under the control of the Security Agent Trustee as the Security Agent Trustee may think fit without being under any duty to diversify its investments and the Security Agent Trustee may at any time vary or transpose any such property or investments for or into any others of a like nature and shall not be responsible for any loss due to depreciation in value or otherwise of such property or investments. Any investment of any part or all of the security may, at the discretion of the Security AgentTrustee, be made or retained in the names of nominees.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

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