Trustee, etc Sample Clauses

Trustee, etc. The trustee, authenticating or paying agent, transfer agent and the registrar for the Series 9 Notes shall be the Trustee.
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Trustee, etc. The trustee, authenticating agent, paying agent, transfer agent and the registrar for the Series 1 Debentures shall be the Trustee.
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Trustee, etc. (1944) 72 C.L.R. 189 at p. 220 per Xxxxxxxx J; Dressy Frocks Pty. Ltd. x. Xxxx 51 S.R. (N.S.W.) 390 at p. 393; Xxxxx x. X'Xxxxxx [1971] 1 W.L.R. 497 at p. 502; X.X. Xxx Pty. Ltd. (in liquidation) x. Xxx [1966] P.P. 464 at p. 470; Yango Pastoral Company Pty. Ltd. v. First Chicago Australia Ltd. (1978) 139 C.L.R. 410 per Xxxxx J. at p. 413 and per Mason J. at p. 427; Cheshire and Fifoot op. cit. para. [1212]. See also Re; Xxxxxx ex parte: Chowilla Timber Supply Co. Ltd. (1967) 11 F.L.R. 155 at pp. 161, 162 where Xxxxx J. (as he then was) in the Federal Court of Bankruptcy said this:— “In the view that I have taken it may be unnecessary to consider whether an agreement in breach of s. 67 is not only illegal, in the sense that it exposes the company and every officer of the company who is in default of penalty, but is also void. However I have no hesitation in following Dressy Frocks Pty. Ltd. x. Xxxx (1951) 51 S.R. (NSW) 390; Xxxxxxx Transport Co. Pty. Ltd. x. XxXxxxx [1956] V.L.R. 316 and X.X. Xxx Pty. Ltd. x. Xxx [1966] V.R. 464 and holding that a contract in breach of the section is void and of no effect. Two english decisions, Xxxxx (Bournemouth) Ltd. x. Xxxxx [1936] 1 Ch.
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Trustee, etc. The Trustee will be the Trustee, authenticating agent, Paying Agent, transfer agent and Registrar for the Notes. The Issuer may change the authenticating agent, Paying Agent, transfer agent and Registrar for the Notes without prior notice to the Holders of the Notes, and the Issuer or any of its Subsidiaries may act as paying agent or Registrar.
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Related to Trustee, etc

  • Appointment of Co-Indenture Trustee or Separate Indenture Trustee (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Indenture shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice of the appointment of any co-trustee or separate trustee shall be required under Section 6.8. (b) Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions: (i) all rights, powers, duties and obligations conferred or imposed upon the Indenture Trustee shall be conferred or imposed upon and exercised or performed by the Indenture Trustee and such separate trustee or co-trustee jointly (it being understood that such separate trustee or co-trustee shall not be authorized to act separately without the Indenture Trustee joining in such act), except to the extent that under any law of any jurisdiction in which any particular act or acts are to be performed the Indenture Trustee shall be incompetent or unqualified to perform such act or acts, in which event such rights, powers, duties and obligations (including the holding of title to the Trust Estate or any portion thereof in any such jurisdiction) shall be exercised and performed singly by such separate trustee or co-trustee, but solely at the direction of the Indenture Trustee; (ii) no trustee under this Indenture shall be personally liable by reason of any act or omission of any other trustee under this Indenture; and (iii) the Indenture Trustee may at any time accept the resignation of or remove any separate trustee or co-trustee. (c) Any notice, request or other writing given to the Indenture Trustee shall be deemed to have been given to each of the then separate trustees and co-trustees as effectively as if given to each of them. Every instrument appointing any separate trustee or co-trustee shall refer to this Indenture and the conditions of this Article VI. Each separate trustee and co-trustee, upon its acceptance of the trusts conferred, shall be vested with the estates or property specified in its instrument of appointment, either jointly with the Indenture Trustee or separately, as may be provided therein, subject to all the provisions of this Indenture, specifically including every provision of this Indenture relating to the conduct of, affecting the liability of, or affording protection to, the Indenture Trustee. Each such instrument shall be filed with the Indenture Trustee. (d) Any separate trustee or co-trustee may at any time constitute the Indenture Trustee its agent or attorney-in-fact with full power and authority, to the extent permitted by law, to do any lawful act under or in respect of this Indenture on its behalf and in its name. If any separate trustee or co-trustee shall die, become incapable of acting, resign or be removed, all of its estates, properties, rights, remedies and trusts shall vest in and be exercised by the Indenture Trustee, to the extent permitted by law, without the appointment of a new or successor trustee.

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