Common use of Trustee to Assume Due Performance Clause in Contracts

Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event has occurred and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is performing all its obligations under this Trust Deed.

Appears in 6 contracts

Samples: Trust Deed, Forty First Supplemental Trust Deed, Supplemental Trust Deed

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Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Default or Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event Default has occurred and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is and the Guarantors are performing all its their obligations under this Trust DeedDeed and the Notes.

Appears in 4 contracts

Samples: Trust Deed (Gold Fields LTD), Trust Deed (Gold Fields LTD), Trust Deed (Sibanye Gold LTD)

Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Default or Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event Default has occurred and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is performing all its obligations under this Trust Deed.

Appears in 4 contracts

Samples: Trust Deed, Third Supplemental Trust Deed, Fifth Supplemental Trust Deed

Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any find out if an Event of Default, Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event Default has occurred and, until occurred. Until it has actual knowledge or express notice in writing from the Issuer to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is performing all its obligations under this Trust DeedDeed and the Bonds and no event has happened as a consequence of which any of the Bonds may become repayable.

Appears in 1 contract

Samples: Trust Deed (Just Energy Group Inc.)

Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Default or Potential Event of Default, Capital Disqualification Event Default or Loss Absorption Disqualification Event Change of Control has occurred and will not be responsible to Noteholders or any other person for any loss arising from any failure by it to do so and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is performing all its obligations under this Trust DeedDeed and the Notes.

Appears in 1 contract

Samples: Trust Deed (Acergy S.A.)

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Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Default or Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event Default has occurred and will not be responsible to Noteholders or any other Person for any loss arising from any failure by it to do so and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that each of the Issuer and the Guarantor is performing all its respective obligations under this Trust Deed, the Subordination Deed and the Notes.

Appears in 1 contract

Samples: Trust Deed Amendment

Trustee to Assume Due Performance. The Trustee need not notify anyone of the execution of this Trust Deed or do anything to ascertain whether any Event of Default, Default or Potential Event of Default, Capital Disqualification Event or Loss Absorption Disqualification Event Default has occurred and will not be responsible to Noteholders or any other Person for any loss arising from any failure by it to do so and, until it has actual knowledge or express notice to the contrary, the Trustee may assume that no such event has occurred and that the Issuer is performing all its respective obligations under this Trust DeedDeed and the Subordinated Notes.

Appears in 1 contract

Samples: Trust Deed Amendment

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