Common use of Trustee's discretion Clause in Contracts

Trustee's discretion. The Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-exercise thereof but, whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the Noteholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured and/or prefunded to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 2 contracts

Samples: Trust Deed, Trust Deed

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Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law law, have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability liability that may result from the exercise or non-exercise thereof but, but whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the NoteholdersBondholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured prefunded and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed (Melco Crown Entertainment LTD)

Trustee's discretion. The Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law law, have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability loss, costs, damages, expenses or inconveniences that may result from the exercise or non-exercise thereof but, but whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the NoteholdersBondholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured prefunded and/or prefunded provided with security to its satisfaction against all actionssatisfaction. Any consent or approval may be given on such terms and subject to such conditions as the Trustee thinks fit and, proceedingsnotwithstanding anything to the contrary contained in this Trust Deed or the Agency Agreement, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;be given retrospectively.

Appears in 1 contract

Samples: Trust Deed (Simon Property Group L P /De/)

Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability loss, costs, damages, expenses, liabilities or inconveniences that may result from the exercise or non-exercise thereof but, whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the NoteholdersBondholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured prefunded and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed (LBI Hf.)

Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-exercise thereof but, whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the Noteholders, the Trustee shall nevertheless not be so 34 bound unless first indemnified and/or secured provided with security and/or prefunded to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities Liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed (Intercontinental Hotels Group PLC /New/)

Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law law, have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-exercise thereof but, (save as otherwise provided by applicable law) but whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the NoteholdersBondholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed

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Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions discretion vested in it by this Trust Deed or by operation of law law, have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-exercise thereof but, but whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the relevant Noteholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed (Syngenta Ag)

Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability loss, fees, costs, damages, expenses or inconveniences that may result from the exercise or non-exercise thereof but, whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the Noteholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all fees, costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed (Upm Kymmene Corp)

Trustee's discretion. The the Trustee shall (save as expressly otherwise provided herein) as regards all the trusts, powers, authorities and discretions vested in it by this Trust Deed or by operation of law law, have absolute and uncontrolled discretion as to the exercise or non-exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-exercise thereof but, but whenever the Trustee is under the provisions of this Trust Deed bound to act at the request or direction of the Noteholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or secured and/or prefunded provided with security to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages, expenses and liabilities which it may incur by so doing;

Appears in 1 contract

Samples: Trust Deed

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