Common use of Trustee's determination Clause in Contracts

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders such certificate shall be conclusive and binding upon the Issuer, the Guarantor and the Noteholders;

Appears in 2 contracts

Samples: www.lseg.com, www.lseg.com

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Trustee's determination. The the Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the or any Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes or Coupons is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders Noteholders, such certificate shall be conclusive and binding upon the Issuer, the Guarantor Guarantors and the NoteholdersNoteholders and Couponholders;

Appears in 2 contracts

Samples: Agency Agreement (Georgia Worldwide PLC), Agency Agreement (Georgia Worldwide PLC)

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes Bonds or Coupons is capable of remedy and/or materially prejudicial to the interests of the Noteholders Bondholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders Bondholders, such certificate shall be conclusive and binding upon the Issuer, the Guarantor Issuer and the NoteholdersBondholders and Couponholders;

Appears in 1 contract

Samples: Terms and Conditions

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders remedy, such certificate shall be conclusive and binding upon the Issuer, the Guarantor Issuer and the Noteholders;

Appears in 1 contract

Samples: BMB Munai Inc

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes Bonds or Coupons is capable of remedy and/or not materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders such certificate shall be conclusive and binding upon the Issuer, the Guarantor and the NoteholdersBondholders;

Appears in 1 contract

Samples: Agency Agreement (Melco Crown Entertainment LTD)

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Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the or any Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes Notes, Receipts or Coupons is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders such certificate shall be conclusive and binding upon the Issuer, the Guarantor Guarantors, the Noteholders, the Receiptholders and the NoteholdersCouponholders;

Appears in 1 contract

Samples: Intercontinental Hotels Group PLC /New/

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes or Coupons is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders Noteholders, such certificate shall be conclusive and binding upon the Issuer, the Guarantor Issuer and the NoteholdersNoteholders and Couponholders;

Appears in 1 contract

Samples: Bema Gold Corp /Can/

Trustee's determination. The Trustee may determine whether or not a default in the performance or observance by the Issuer and/or the Guarantor of any obligation under the provisions of this Trust Deed or contained in the Notes Bonds is capable of remedy and/or materially prejudicial to the interests of the Noteholders and if the Trustee shall certify that any such default is, in its opinion, not capable of remedy and/or materially prejudicial to the interests of the Noteholders remedy, such certificate shall be conclusive and binding upon the Issuer, the Guarantor Issuer and the NoteholdersBondholders;

Appears in 1 contract

Samples: abbl.com

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