Trustee Accounts. 8.1 Without prejudice to any provision in this Agreement and/or any Applicable Agreement, where you are acting as trustee of a trust, you undertake, represent and warrant to us that:
(a) you have full capacity, power and authority, in your capacity as trustee of the trust, in accordance with the terms of the document constituting the trust (the “Trust Deed”) and all Applicable Laws, to enter into and to perform and deliver this Agreement and any Applicable Agreement (including any Applicable Agreement relating to Credit Facilities made available to you); and
(b) you shall ensure that all Instructions given and all Investments and Transactions undertaken by you, in your capacity as trustee of the trust, are in accordance with the terms of the Trust Deed and all Applicable Laws.
8.2 You acknowledge and agree that we will not, nor shall we be under any duty or obligation to, verify and/or monitor any of the matter referred to in Clause 8.1 and/or review or retain a copy of the Trust Deed.
8.3 Where you are an individual trustee, upon receipt of notice of your death or incapacity (whether mental or otherwise), we may, subject to the production and/or execution of such documents (including any grant of probate or letter of administration) and/or indemnities as we may require, do any of the following:
(a) if your Account is in the name of more than one trustee, we may hold the Assets in your Account to the order of the surviving or other trustee(s); or
(b) if there is no surviving or other trustee:
(i) if the beneficiary is a corporation or if none of the beneficiaries (being individuals) is a Minor, we may close your Account and transfer the Assets therein to the beneficiary or each of the beneficiaries in equal shares; or
(ii) if any of the beneficiaries is a Minor, we may close your Account and transfer the Assets therein to your legal or personal representatives to be held in trust for the beneficiaries. DBS Bank Ltd., Singapore 15 Co. Reg. No. 196800306E Notwithstanding the foregoing, we may, in our absolute discretion suspend and/or freeze the operation of your Account until we are able to determine, to our satisfaction, the person(s) entitled to ownership, management or control of the Assets therein.
Trustee Accounts. Within 120 days after the close of each fiscal year of the Trust and any other period agreed upon by the Trustee and the Company, and within ninety (90) days of the date of the removal or resignation of the Trustee, the Trustee shall file with the Company a written account ("Trustee Account") setting forth all investments, receipts, disbursements, withdrawals and other transactions effected by it during the period from the date of its last such Trustee Account and a list of the assets of the Trust at the close of such period. Such Trustee Account may be in the form of monthly or quarterly statements which taken together reflect the matters set forth in the preceding sentence. As between the Company and the Trustee, the Trustee shall be forever released and discharged from all liability with respect to the propriety of acts and transactions shown in such Trustee Account following a Change in Control, and shall be forever released and discharged from all liability with respect to the propriety of acts and transactions shown in such Trustee Account prior to a Change in Control except with respect to any such act or transaction as to which the Company shall, within a 90-day period of receipt of the Trust Account, file written objections with the Trustee and except that no such accounting shall foreclose any liability of the Trustee to the Company arising under Section 23.3 of this Trust Agreement.
Trustee Accounts. 8.1 Without prejudice to any provision in this Agreement and/or any Applicable Agreement, where you are acting as trustee of a trust, you undertake, represent and warrant to us that:
(a) you have full capacity, power and authority, in your capacity as trustee of the trust, in accordance with the terms of the document constituting the trust (the “Trust Deed”) and all Applicable Laws, to enter into and to perform and deliver this Agreement and any Applicable Agreement (including any Applicable Agreement relating to Credit Facilities made available to you); and
(b) you shall ensure that all Instructions given and all Investments and Transactions undertaken by you, in your capacity as trustee of the trust, are in accordance with the terms of the Trust Deed and all Applicable Laws.
8.2 You acknowledge and agree that we will not, nor shall we be under any duty or obligation to, verify and/or monitor any of the matter referred to in Clause 8.1 and/or review or retain a copy of the Trust Deed. DBS Bank Ltd
Trustee Accounts. We are authorised to honour and act on any instruction, confirmation or authority (including amendments to the terms of this Agreement) via secure mail or in writing signed or sent or purported to be signed or sent by one or more (as specified) of the persons named below and believed by us to be genuine. We shall not be liable for so acting in good faith upon any such instruction, confirmation or authority notwithstanding that it shall subsequently be shown that the same was not given or signed or sent by any such persons;
Trustee Accounts. The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with the Trustee’s accounting practices for books of record and account relating to similar trust accounts, in which complete and accurate entries shall be made of all transactions relating to the proceeds of Bonds, the Revenues, the Loan Agreement and all funds and accounts established pursuant to this Bond Indenture. Such books of record and account shall be available for inspection by the Issuer, the Borrower, the Liquidity Facility Providers (if any), the Credit Facility Providers (if any), the Remarketing Agents (if any), and any Bondholder, or his agent or representative duly authorized in writing, at reasonable hours and under reasonable circumstances.
Trustee Accounts. 16 Section 14.
Trustee Accounts. 17 SECTION 14 Investment of Cash ........................................................................ 18 SECTION 15 Payments by the Trustee ................................................................... 18 SECTION 16 Determinatin of Change in Control ......................................................... 19 SECTION 17 Trustee Compensation and Trust Expenses ................................................... 20 SECTION 18 Payment of Taxes by Trustee ............................................................... 20 SECTION 19 Custodians and Agents ..................................................................... 21
Trustee Accounts. Aetna will maintain one or more Trustee Accounts as if each were a Participant Account for the temporary holding of amounts not allocated to other Plan Accounts by the Contract Holder. When Aetna receives Net Purchase Payments or Plan forfeitures, but has not been told to which Plan Accounts such amounts are to be allocated, at the direction of the Contract Holder such amounts will be placed in a Trustee Account. Amounts held in a Trustee Account will be invested in a Fund or the Fixed Account selected by the Contract Holder and will be allocated to Participant Accounts when Aetna receives allocation instructions. Amounts in the Fixed Account will be subject to the provisions of Sections 5.02 and (except when transferred to Participant Accounts or Separated Employee Accounts) 7.
Trustee Accounts. As described in Exhibit A, Section H (Trustee Accounts) CPCFA will deposit the funds in accounts established at its Trustee Bank.
Trustee Accounts. CARB may request the return of uncommitted CARB funds from CARB’s Program and/or Cost Accounts at any time for CPCFA’s failure to meet the terms and conditions of this Agreement.
