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 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. Without limiting the general statement above, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, in its opinion based upon legal advice in the relevant jurisdiction, be contrary to any law of that jurisdiction or, to the extent applicable, of England. Furthermore, the Trustee may also refrain from taking such action if it would otherwise render it liable to any person in that jurisdiction or England or if, in its opinion based upon such legal advice, it would not have the power to do the relevant thing in that jurisdiction by virtue of any applicable law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such power;

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 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 which it may incur by so doing. Without limiting the general statement above, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, in its opinion based upon legal advice in the relevant jurisdiction, be contrary to any law of that jurisdiction or, to the extent applicable, of England. Furthermore, the Trustee may also refrain from taking such action if it would otherwise render it liable to any person in that jurisdiction or England or if, in its opinion based upon such legal advice, it would not have the power to do the relevant thing in that jurisdiction by virtue of any applicable law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such power;

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-non- exercise thereof and the Trustee shall not be responsible for any Liability that may result from the exercise or non-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 provided with security and/or pre-funded 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. Without limiting Notwithstanding anything else contained in this Trust Deed or the general statement aboveother transaction documents, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, (a) doing anything which would or might in its opinion based upon legal advice in the relevant jurisdiction, be illegal or contrary to any law of that any jurisdiction oror any directive or regulation of any agency of any state (including, to without limitation, section 619 of the extent applicableXxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act), of England. Furthermore, the Trustee may also refrain from taking such action if it or which would or might otherwise render it liable to any person in that jurisdiction or England or ifPerson and may do anything which is, in its opinion based upon opinion, necessary to comply with any such legal advicelaw, it would not have directive or regulation or (b) doing anything which may cause the power Trustee to do be considered a sponsor of a covered fund under section 619 of the relevant thing in that jurisdiction by virtue of X Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and any applicable law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such powerregulations promulgated thereunder;

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 NoteholdersBondholders, the Trustee shall nevertheless not be so bound unless first indemnified and/or 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. Without limiting the general statement abovegenerality of the foregoing, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, in its opinion based upon legal advice in the relevant jurisdiction, be contrary to any law or any directive or regulation of any agency of any state of that jurisdiction or, to the extent applicable, of England, and may do anything which is in its opinion necessary to comply with any such law, directive or regulation of that jurisdiction or, to the extent applicable, of England. Furthermore, Furthermore the Trustee may also refrain from taking such action if it would otherwise render it liable to any person in that jurisdiction or England or if, in its opinion based upon such legal advice, it would not have the power to do the relevant thing in that jurisdiction by virtue of any applicable law Applicable Law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such power;

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-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 provided with security and/or pre-funded 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. Without limiting Notwithstanding anything else contained in this Trust Deed or the general statement aboveother transaction documents, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, (a) doing anything which would or might in its opinion based upon legal advice in the relevant jurisdiction, be illegal or contrary to any law of that any jurisdiction oror any directive or regulation of any agency of any state (including, to without limitation, section 619 of the extent applicableXxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act), of England. Furthermore, the Trustee may also refrain from taking such action if it or which would or might otherwise render it liable to any person in that jurisdiction or England or ifPerson and may do anything which is, in its opinion based upon opinion, necessary to comply with any such legal advicelaw, it would not have directive or regulation or (b) doing anything which may cause the power Trustee to do be considered a sponsor of a covered fund under section 619 of the relevant thing in that jurisdiction by virtue of X Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and any applicable law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such powerregulations promulgated thereunder;

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-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 NoteholdersHolders, the Trustee shall nevertheless not be so bound unless first indemnified and/or provided with security and/or pre-funded 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. Without limiting Notwithstanding anything else contained in this Trust Deed or the general statement aboveother transaction documents, the Trustee may refrain from taking any action in any jurisdiction if the taking of such action in that jurisdiction would, (a) doing anything which would or might in its opinion based upon legal advice in the relevant jurisdiction, be illegal or contrary to any law of that any jurisdiction oror any directive or regulation of any agency of any state (including, to without limitation, section 619 of the extent applicableXxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act), of England. Furthermore, the Trustee may also refrain from taking such action if it or which would or might otherwise render it liable to any person in that jurisdiction or England or ifPerson and may do anything which is, in its opinion based upon opinion, necessary to comply with any such legal advicelaw, it would not have directive or regulation or (b) doing anything which may cause the power Trustee to do be considered a sponsor of a covered fund under section 619 of the relevant thing in that jurisdiction by virtue of X Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and any applicable law in that jurisdiction or in England or if it is determined by any court or other competent authority in that jurisdiction or in England that it does not have such powerregulations promulgated thereunder;