Common use of TRUSTEE MAY HAVE OTHER INTERESTS Clause in Contracts

TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to (a) be an Associate or an Affiliate of a person from or to whom assets of the Trust have been or are to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation contracts or deals or which supplies services to the Trust or the Corporation; (c) acquire, hold and dispose of, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fund, even if such assets are of a character which could be held by the Trust, and exercise all rights of an owner of such assets as if it were not a trustee; (d) carry on its business as a trust company in the usual course while it is the Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 without being liable to the Trust or any Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's duties hereunder.

Appears in 3 contracts

Samples: Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust)

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TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to: (a) be an Associate or an Affiliate of a person from or to whom assets of the Trust have been or are to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation contracts or deals or which supplies services to the Trust or the Corporation; (c) acquire, hold and dispose of, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fund, even if such assets are of a character which could be held by the Trust, and exercise all rights of an owner of such assets as if it were not a trustee; (d) carry on its business as a trust company in the usual course while it is the Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 8.14 without being liable to the Trust or any Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's ’s duties hereunder.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to: (a) be an Associate or an Affiliate of a person from or to whom assets of the Trust have been or are to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation contracts or deals or which supplies services to the Trust or the Corporation; (c) acquire, hold and dispose of, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fund, even if such assets are of a character which could be held by the Trust, and exercise all rights of an owner of such assets as if it were not a trustee; (d) carry on its business as a trust company in the usual course while it is the Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 without being liable to the Trust or any Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's duties hereunder.

Appears in 1 contract

Samples: Trust Indenture (Baytex Energy Trust)

TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to: (a) be an Associate or an Affiliate of a person from or to whom assets of the Trust have been or are to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation contracts or deals or which supplies services to the Trust or the Corporation; (c) acquire, hold and dispose of, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fund, even if such assets are of a character which could be held by the Trust, and exercise all rights of an owner of such assets as if it were not a trustee; (d) carry on its business as a trust company in the usual course while it is the Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 without being liable to the Trust or any Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's duties hereunder.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

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TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to: (a) be an Associate or an Affiliate of a person from or to whom property and assets of the Trust have Fund has been or are is to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation Fund contracts or deals with or which supplies services to the Trust or the CorporationFund; (c) acquire, hold and dispose of, other than from or to the Fund, the Corporation or the Advisor, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fundproperty, real or personal, even if such assets are property is of a character which could be held by the Trust, Fund and to exercise all rights of an owner of such assets property as if it were not a trusteeTrustee; (d) carry on its business as a trust company in the usual course while it is the a Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust Fund or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 without being 8.16 and the Trustee shall not be liable to the Trust Fund or any Trust Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's duties hereunder.

Appears in 1 contract

Samples: Trust Indenture (Enerplus Resources Fund)

TRUSTEE MAY HAVE OTHER INTERESTS. Subject to applicable securities laws, and without affecting or limiting the duties and responsibilities or the limitations and indemnities provided in this Indenture, the Trustee is hereby expressly permitted to: (a) be an Associate or an Affiliate of a person from or to whom assets of the Trust have been or are to be purchased or sold; (b) be, or be an Associate or an Affiliate of, a person with whom the Trust or the Corporation contracts or deals or which supplies services to the Trust or the Corporation; (c) acquire, hold and dispose of, either for its own account or the accounts of its customers, any assets not constituting part of the Trust Fund, even if such assets are of a character which could be held by the Trust, and exercise all rights of an owner of such assets as if it were not a trustee; (d) carry on its business as a trust company in the usual course while it is the Trustee, including the rendering of trustee or other services to other trusts and other persons for gain; and (e) derive direct or indirect benefit, profit or advantage from time to time as a result of dealing with the Trust or the relationships, matters, contracts, transactions, affiliations or other interests stated in this Section 7.15 8.16 without being liable to the Trust or any Unitholder for any such direct or indirect benefit, profit or advantage. Subject to applicable laws, none of the relationships, matters, contracts, transactions, affiliations or other interests permitted above shall be, or shall be deemed to be or to create, a material conflict of interest with the Trustee's duties hereunder.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

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