Common use of Trustee’s Powers Clause in Contracts

Trustee’s Powers. The Trustees, without any action or consent, by the Beneficiary, shall have and may exercise at any time the following powers and authorities: (a) To hold and continue to hold as an investment the property, of any additional property which may be received by them, so long as' they deem proper, and to invest, acquire and reinvest in any securities or property, whether or not income--producing, deemed bY them to be for the best interest of the Trust and the Beneficiary; (b) To rent or lease any property of the Trust for the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and proper; (c) To sell and convey any of the property of the Trust or any interest, or to exchange it for other property, for the price or prices and upon the terms as in their discretion and judgment may be deemed for the best interest of the Trust and the Beneficiary; (d) To make all repairs and improvements at any time deemed necessary and proper to and upon real property constituting a part of the Trust; (e) To deduct, retain. expend, and payout of any money belonging to the Trust any and all necessary and proper expenses in connection with the operation and conduct of the Trust; (f) To vote upon all securities belonging to the Trust, and to become a party to any stockholders' agreements deemed advisable by them in connection with the securities; (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of, or other change in any corporation, company, or association; (h) To compromise, settle, arbitrate, or defend any ·claim or demand in favor of or against the Trust; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustees, in carrying out any of the authorized powers and duties; (k) To borrow money for any purposes of the Trust, or incidental to their administration, upon their bond or promissory note as trustees, and to secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest of the Trust and the Beneficiary; (m) To engage in business with the property of the Trust as sole proprietor, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental to or in connection with the administration of the Trust shall be apportioned as between corpus and income; (o) The , Trustees may freely act under all or any of the powers .by this Trust Agreement given to them in all matters concerning the Trust, after forming their judgment based upon all the . circumstances of any particular situation as to the wisest and best course to pursue in the . interest of the Trust and the Beneficiary, without the necessity of obtaining the consent or permission of any interested person. or the consent or approval of any court The powers . granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and riot exclusive' of the general powers of trustees pursuant to law, and shall include all powers necessary to carry them into effect

Trustee’s Powers. The TrusteesTrustees shall, without any action or consentin addition to the powers otherwise conferred upon them by law, by have the Beneficiary, shall have following powers: - to apply and may exercise invest all moneys at any time forming part of the following Trust Fund in any such investments, whether involving liabilities or not, or upon person credit, with or without security, and upon such terms and conditions as the Trustees shall in their absolute discretion think fit and to the intent that the Trustees should have the same powers in all respects as if it were the absolute and authorities: (a) To hold beneficial owner of the Trust Fund; to make or purchase any such investments for cash or in consideration of an annuity or otherwise and continue upon such terms and conditions as the Trustees shall in their absolute discretion think fit and to hold make or purchase any such investment for as an um greater than the amount of the Trust Fund for the time being and to agree to pay for any such investment wholly or in part from any future moneys which may come into the propertyTrustees’ hands including dividends, profits, interest and other income paid or payable in respect of any additional property which such investment; to sell, call in, convert into money, grant options or rights to purchase, mortgage, charge, sub-charge, carry on business, or otherwise deal with, dispose of or transfer any item or asset comprising the whole or part of the Trust Fund or otherwise held by the Trustees under the terms of the Trust for such consideration and on such terms as in its discretion it may think fit as if the Trustees were the absolute and beneficial owner of the Trust Fund; to advance or lend moneys forming part of the Trust Fund, or give credit to any person or company on such terms as the Trustees may decide, in particular without limiting the generality of the foregoing, to a beneficiary, or person having an interest in or the holder of an office in the Trustees and the lending or giving of credit may be received by themmade at call or for a period of time and may be made at a rate of interest or at no interest, so long as' they deem properand may involve taking of security in any form or without security; to raise or borrow moneys either alone or jointly with another or others, from any person including a firm or company, either bearing or free of interest and on terms and for purposes as the Trustees may decide, and to investsecure the repayment of any moneys or other indebtedness by mortgage, acquire charge or other security or encumbrance over the whole or part of the Trust Fund as the Trustees may decide or to have the repayment secured over property of a third party which may include property of the Trustees or a beneficiary, whether the third party collateral security is given alone or jointly with property of the Trust Fund and reinvest no lender is required to inquire as to whether the necessity for the borrowing has arisen or as to the purpose for which it is required, or as to the application of moneys borrowed; to draw, endorse, accept, guarantee or be a party in any securities way to a commercial xxxx or propertyother xxxx of exchange, promissory note, letter of credit, hypothecation or other facility involving the raising, borrowing or lending of moneys by or to the Trustees; to pay out of the Trust Fund or the income thereof all costs, charges and expenses incidental to the management of the Trust Fund or to the exercise of any power, authority or discretion herein contained or in carrying out or performing the trusts hereof which the Trustees may at any time incur including all income tax or other taxes payable in respect of the Trust Fund, costs in any way connected with the preparation and execution of these presents, and all moneys which the Trustees may be required to pay as settlement, gift, probate estate stamp or revenue duties in respect of the Trust Fund or this Deed; to exercise all rights and privileges, perform all duties and to do all such acts, matters and things pertaining to any shares, stock or debentures in any corporation as if the Trustees were the absolute and beneficial owner of the shares, stock or debentures or was personally interested or concerned in the corporation and, in particular without limiting the generality of the foregoing: - pay calls on any shares or to permit any shares of the company to be forfeited and sold; purchase any further shares, stock, debentures or investments and to take up any shares, stock debentures or investments of a new issue of the company; lend money to the company whether secured by debentures or in any other way or not secured and at such rate of interest and upon such terms as the Trustees think fit; hold any shares, stock or debentures or investments held by the Trustees at such price as the Trustees think fit (whether or not income--producing, deemed bY them the price is less than the sum that appears from the accounts of the company to be the value of the shares, stock, debentures or investments) and upon such terms, with or without security, as the Trustees think fit; to procure the issue by any banker of: - letters of credit; or performance guarantees; to assist the Trustees in the course of any trade or business carried on by the Trustees at such rate of interest and upon such terms and conditions as the Trustees thinks fit; to establish, promote or acquire any company or companies or join in the promotion, establishment or acquisition of any company or companies; to appoint any person as the representative or attorney of the Trustees for the best purpose of executing any document which the Trustees are permitted or authorised to execute by this Deed or by law and to revoke any appointment; to authorise any person to act as its agent or delegate to hold any investment being part of the Trust Fund as custodian and to perform any act or exercise any discretion within the Trustees’ power including the power to appoint in turn its own agent or delegate. The appointment may be in respect of more than one delegate or severally and may include provisions to protect those dealing with the agent or delegate; to open any account or accounts with any bank or banks credit union building society and other financial institutions and to operate by, and in all usual ways, any such account or accounts and if thought fit to delegate to any person the authority to sign cheques and operate upon the account without the person being liable or responsible for any loss resulting therefrom; to give effectual receipts and discharges for any moneys received by or on behalf of the Trustees or otherwise relating to any of the acts, matters and things provided for in this Deed; to take such action as the Trustees shall think fit for the adequate protection of any part or parts of the Trust Fund and to do all such other things as may be incidental to the exercise of the powers and authorities conferred on the Trustees by this Deed; power, whether with or without security and whether alone or jointly or severally or both jointly and severally with any other person, to guarantee, indemnify, secure by way of mortgage, charge or otherwise over the whole or part of the Trust Fund or undertake in any way the payment or repayment of money or debts (including any interest whether existing or to accrue) previously or then lent or to be advanced or any existing or future duties, undertakings, liabilities or obligations incurred or which may at any future time be incurred by any person whether a beneficiary or not and to guarantee, indemnify or secure, with or without security, the due performance of any contract, agreement, covenant or obligation of any person whether a beneficiary or not; to mix the Trust Fund including its income and any other moneys held from time to time by the Trustees pursuant to these trusts with other moneys held by the Trustees pursuant to any provision of this deed or under any other trust and: - to invest the moneys so mixed in any investment, property, interest, arrangement or business or in any other mode or manner in which the Trustee may by law or by this deed be empowered to invest the Trust Fund; to exercise all powers, authorities and discretions with respect to the mixed fund which the Trustees are by this Deed or by law authorised to exercise with respect to the Trust Fund; and to make arrangements with respect to the moneys and their investment with any other person as the Trustee would be authorised or empowered by law or by this Deed to make or enter into; notwithstanding any rule of law to the contrary, to acquire as property of the Trust Fund real or personal property the beneficial interest in which is at the date of acquisition the absolute property of the Trustees in their own right or as trustee of another fund provided that any property so acquired is acquired for a consideration being not greater than the current market value of the property and upon acquisition the beneficial interest in the property will be held by the Trustees upon the trusts contained in this Deed; to determine whether real or personal property, or any increase or decrease in value of any property, or any receipts or payments from, for or in connection with real or personal property, is to be treated as and credited or debited to capital or to income of the Trust Fund and generally to determine all matters as to which any doubt may arise in relation to the execution of the Trust and the Beneficiary; (b) To rent or lease any property of the Trust for the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and proper; (c) To sell and convey any of the property of the Trust or any interest, or to exchange it for other property, for the price or prices and upon the terms as in their discretion and judgment may be deemed for the best interest powers of the Trust and every determination of the BeneficiaryTrustees in relation to any of these matters, whether upon a question formally or actually raised or implied in any of the acts or proceedings of the Trustees in relation to the Trust Fund, binds all interested parties and may not be objected to on any ground; (d) To make to appropriate in specie any portion of the Trust Fund, or any investment to or towards the share or entitlement of a beneficiary and to charge the share or entitlement with a sum of money by way of equality as the Trustee may think fit and for these purposes the Trustees may fix the value of any real or personal property forming part of the Trust Fund and the appropriation, charge and valuation will be binding on all repairs and improvements persons who may at any time deemed necessary be entitled to any interest in the Trust Fund; and proper by irrevocable deed to renounce and upon real property constituting a release any power conferred on the Trustees under the Trust in respect of the whole or part of the Trust; (e) To deductTrust Fund or the income and upon the renunciation and release coming into effect, retain. expend, the power is to be taken to be at an end and payout of any money belonging no longer exercisable by the Trustees to the Trust any and all necessary and proper expenses in connection with the operation and conduct extent of the Trustrenunciation and release; (f) To vote upon all securities belonging take and act on the opinion of a barrister practising in Australia in relation to the Trust, and to become a party to any stockholders' agreements deemed advisable by them in connection with the securities; (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of, interpretation or other change in any corporation, company, or association; (h) To compromise, settle, arbitrate, or defend any ·claim or demand in favor effect of or against the Trust; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustees, in carrying out any of the authorized powers and duties; (k) To borrow money for any purposes of the Trust, or incidental to their administration, upon their bond or promissory note as trustees, and to secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest of the Trust and the Beneficiary; (m) To engage in business with the property of the Trust as sole proprietor, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental to or in connection with the administration of the Trust shall be apportioned as between corpus and income; (o) The , Trustees may freely act under all this Deed or any of the trusts or powers .by of this Trust Agreement given Deed without responsibility for any loss or error resulting from doing so, but this provision does not stop the Trustee from applying to them in all matters concerning a court of competent jurisdiction; employ and pay or provide any benefit for any employee without being responsible for the Trustdefault of the employee or for any loss occasioned by the employment; engage and pay any agent, after forming their judgment based upon all contractor or professional person without being responsible for the . circumstances default of the agent, contractor or employee or for any loss occasioned by the engagement; to receive property or any further settlement sums by gift inter vivos or by will or under the provisions of any particular situation other trust or trusts otherwise and either from the Settlor or from any other person or persons as additions to the wisest Trust Fund and best course to pursue hold the same upon the trusts herein set forth and to administer such additions under the provisions of this Deed and for the benefit of persons gifting further settlement sums to the Trust Fund the Trustees confirm in consideration of such gift to hold the . interest settlement sum upon trusts herein set forth and to administer the addition under the provisions of this Deed; decline or otherwise refuse to accept as part of the Trust and the BeneficiaryFund any gift (by will or otherwise), without the necessity of obtaining the consent donation, settlement or permission of any interested person. other disposition in money, moneys worth or the consent or approval of any court The powers . granted property; do all other things incidental to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and riot exclusive' exercise of the general Trustees’ powers under this Deed.” Clause 7 The Trust Deed is amended by deleting the entirety of trustees pursuant to law, clause 7. Clause 8 The Trust Deed is amended by deleting the entirety of clause 8 and shall include all powers necessary to carry them into effectinserting the following clause in its place:

Trustee’s Powers. The TrusteesSubject to the provisions of Section 8 hereof, without any action the Trustee shall have the following powers, rights, and duties in addition to those vested in it elsewhere in this Trust Agreement or consentby law, which shall be exercised upon direction of the Company or by the Beneficiary, shall have and may exercise at any time Trustee itself pursuant to a separate written agreement appointing the following powers and authoritiesTrustee as an investment manager: (a) To hold and continue to hold as an investment the property, of any additional property which may be received by them, so long as' they deem proper, and to invest, acquire and reinvest in purchase or subscribe for any securities or other property, whether or not income--producing, deemed bY them to be for the best interest of the Trust and the Beneficiary; (b) To rent to sell, exchange, mortgage, or lease any property of the assets of the Trust for the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and properfund; (c) To sell to make, execute, acknowledge, and convey deliver any and all documents of the property of the Trust or transfer and conveyance and any interest, or to exchange it for and all other property, for the price or prices and upon the terms as in their discretion and judgment instruments that may be deemed for necessary or appropriate to carry out the best interest of the Trust and the Beneficiarypowers herein granted; (d) To to vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options and to make all repairs any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and improvements at to delegate discretionary powers and to pay any time deemed necessary assessments or charges in connection therewith, and proper generally to and upon real property constituting a part exercise any of the Trustpowers of an owner with respect to stocks, bonds, securities, or other property held in the Trust fund; (e) To deduct, retain. expend, and payout to hold securities in the name of any money belonging one or more nominees and to the Trust any and all necessary and proper expenses in connection deposit securities with the operation and conduct of the Truststock clearing corporations or depositaries; (f) To vote upon to settle, compromise, adjust, or submit to arbitration any and all securities belonging claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal proceedings whenever, in the judgment of the Trustee, any interests of the Trust require it, and to become a party to represent the Trust in all suits or legal proceedings in any stockholders' agreements deemed advisable by them in connection with the securitiescourt of law or equity or before any other body or tribunal; (g) To consent to delegate, if properly directed in writing by the reorganizationCompany, consolidation, merger, liquidation, readjustment of, or other change in any corporation, company, or associationof the Trustee's functions under this Trust Agreement; (h) To compromise, settle, arbitrate, to perform all acts which the Trustee shall deem necessary or defend appropriate and exercise any ·claim or demand in favor and all powers and authority of or against the TrustTrustee under this Trust Agreement; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustees, in carrying out to keep any of the authorized powers and duties; (k) To borrow money for any purposes of the Trust, or incidental to their administration, upon their bond or promissory note as trustees, and to secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest portion of the Trust fund in cash (cash received or held by the Trustee shall be deposited by the Trustee in its own savings deposit accounts, in a liquid money market account selected by the Trustee, or in the savings deposit accounts of any of its affiliates, that bear a reasonable rate of interest); and (j) to maintain the Beneficiary; (m) To engage in business with the property of separate subtrusts within the Trust (separate accounting to be for such purposes, among others, as sole proprietorrecording: contributions and income thereon by Employers, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in businessallocations between various Plans, and to hold an undivided interest allocations among specific individuals participating in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental to or in connection with the administration of the Trust shall be apportioned as between corpus and income; (o) The , Trustees may freely act under all or any of the powers .by this Trust Agreement given to them in all matters concerning the Trust, after forming their judgment based upon all the Plans). circumstances of any particular situation as to the wisest and best course to pursue in the . interest of the Trust and the Beneficiary, without the necessity of obtaining the consent or permission of any interested person. or the consent or approval of any court The powers . granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and riot exclusive' of the general powers of trustees pursuant to law, and shall include all powers necessary to carry them into effectSection 10.

Trustee’s Powers. The TrusteesTrustee shall have all the powers, without any action rights and privileges as may be required and reasonably necessary to perform, accomplish and comply with the duties, obligations and undertakings required or consentpermitted by this Indenture to be made, kept and performed by the BeneficiaryTrustee. Without limiting the foregoing, the Trustee, its assigns and its legal representatives shall have all the remedies of a secured party under the Uniform Commercial Code and such further rights and remedies as from time to time may exercise at hereafter be provided in any time the following powers and authorities: (a) To hold and continue to hold as an investment the propertyrelevant jurisdiction for a secured party. Further, in case of any additional property which may be received by themreceivership, so long as' they deem properinsolvency, and to investliquidation, acquire and reinvest in bankruptcy, reorganization, readjustment, arrangement, composition, or other similar judicial proceedings affecting the Company, any securities other obligor on the Notes, or property, whether or not income--producing, deemed bY them to be for the best interest of the Trust and the Beneficiary; (b) To rent or lease any property of the Trust for the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and proper; (c) To sell and convey any of the property of either, the Trust Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Notes allowed in any judicial proceeding relative to the Company, or any interestother obligor on the Notes, or to exchange it for other its property, for the price entire amount due and payable by the Company or prices such other obligor under this Indenture at the date of institution of such proceedings and upon for any additional amount that may become due and payable by the terms as in their discretion and judgment may be deemed for the best interest of the Trust and the Beneficiary; (d) To make all repairs and improvements at any time deemed necessary and proper to and upon real property constituting a part of the Trust; (e) To deduct, retain. expend, and payout of any money belonging to the Trust any and all necessary and proper expenses in connection with the operation and conduct of the Trust; (f) To vote upon all securities belonging to the TrustCompany or such other obligor after such date, and to become a party collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 8.06; and any stockholders' agreements deemed advisable receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by them each of the holders of the Notes to make such payments to the Trustee, and, in connection with the securities; (g) To event that the Trustee shall consent to the reorganizationmaking of such payments directly to the holders of the Notes pursuant to the terms of this Indenture, consolidation, merger, liquidation, readjustment ofto pay to the Trustee any amount due to it under Section 8.06. All rights of action and of asserting claims under this Indenture, or other change in any corporation, company, or association; (h) To compromise, settle, arbitrate, or defend any ·claim or demand in favor of or against the Trust; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustees, in carrying out any of the authorized powers and duties; (k) To borrow money for any purposes Notes, may be enforced by the Trustee without the possession of the Trust, or incidental to their administration, upon their bond or promissory note as trustees, and to secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest of the Trust and the Beneficiary; (m) To engage in business with the property of the Trust as sole proprietor, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental to or in connection with the administration of the Trust shall be apportioned as between corpus and income; (o) The , Trustees may freely act under all or any of the powers .by this Trust Agreement given to them Notes, or the production thereof on any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in all matters concerning its own name as trustee of an express trust, and any recovery of judgment shall be for the Trust, after forming their judgment based upon all the . circumstances of any particular situation as to the wisest and best course to pursue in the . interest pro rata benefit of the Trust and the Beneficiary, without the necessity of obtaining the consent or permission of any interested person. or the consent or approval of any court The powers . granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and riot exclusive' holders of the general powers Notes then Outstanding issued under the terms of trustees pursuant to law, this Indenture and shall include all powers necessary to carry them into effectsupplements thereto.

Trustee’s Powers. The TrusteesTrustee shall have all the powers, without rights and privileges as may be required and reasonably necessary to perform, accomplish and comply with the duties, obligations and undertakings required or permitted by this Indenture to be made, kept and performed by the Trustee. Further, in case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition, or other similar judicial proceedings affecting the Company, any other obligor on the Notes, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action or consent, therein that may be permitted by the Beneficiary, court and shall have be entitled to file such proofs of claim and may exercise at any time the following powers other papers and authorities: (a) To hold and continue to hold documents as an investment the property, of any additional property which may be received by them, so long as' they deem proper, necessary or advisable in order to have the claims of the Trustee and to invest, acquire and reinvest of the Noteholders allowed in any securities or propertyjudicial proceeding relative to the Company, whether or not income--producing, deemed bY them to be for the best interest of the Trust and the Beneficiary; (b) To rent or lease any property of the Trust for the time and upon the terms and for the price or prices as in their discretion and judgment may seem just and proper; (c) To sell and convey any of the property of the Trust or any interestother obligor on the Notes, or to exchange it for other its creditors or its property, for the price entire amount due and payable by the Company or prices such other obligor under the Indenture at the date of institution of such proceedings and upon for any additional amount that may become due and payable by the terms as in their discretion and judgment may be deemed for the best interest of the Trust and the Beneficiary; (d) To make all repairs and improvements at any time deemed necessary and proper to and upon real property constituting a part of the Trust; (e) To deduct, retain. expend, and payout of any money belonging to the Trust any and all necessary and proper expenses in connection with the operation and conduct of the Trust; (f) To vote upon all securities belonging to the TrustCompany or such other obligor after such date, and to become a party collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under SECTION 8.06; and any stockholders' agreements deemed advisable receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by them each of the Noteholders to make such payments to the Trustee, and, in connection with the securities; (g) To event that the Trustee shall consent to the reorganizationmaking of such payments directly to the Noteholders, consolidation, merger, liquidation, readjustment ofto pay to the Trustee any amount due to it under SECTION 8.06. All rights of action and of asserting claims under this Indenture, or other change in any corporation, company, or association; (h) To compromise, settle, arbitrate, or defend any ·claim or demand in favor of or against the Trust; (i) To incur and pay the ordinary and necessary expenses of administration, including (but not by way of limitation) attorneys' fees, accountants' fees, investment counsel fees, and the like; 0) To act through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustees, in carrying out any of the authorized powers and duties; (k) To borrow money for any purposes Notes, may be enforced by the Trustee without the possession of the Trust, or incidental to their administration, upon their bond or promissory note as trustees, and to secure their repayment by mortgaging, creating a security interest in, or pledging or , otherwise encumbering any part or all of the property of the Trust; (1) To lend money to any person or persons upon the terms and in the ways and with the security as they may deem advisable for the best interest of the Trust and the Beneficiary; (m) To engage in business with the property of the Trust as sole proprietor, or as a general 01: limited partner~ with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenant in common or as tenant in partnership; (n) To determine the manner in which the expenses incidental to or in connection with the administration of the Trust shall be apportioned as between corpus and income; (o) The , Trustees may freely act under all or any of the powers .by Notes, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the pro rata benefit of the holders of the Notes then Outstanding issued under the terms of this Trust Agreement given Indenture and supplements thereto. In case of a Default or Event of Default hereunder, the Trustee may in its discretion proceed to them protect and enforce the rights vested in all matters concerning it by this Indenture by such appropriate judicial proceedings as the TrustTrustee shall deem most effectual to protect and enforce any of such rights, after forming their judgment based upon all either at law or in equity or in bankruptcy or otherwise, whether for the . circumstances specific enforcement of any particular situation as covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to the wisest and best course to pursue enforce any other legal or equitable right vested in the . interest of the Trust and the Beneficiary, without the necessity of obtaining the consent Trustee by this Indenture or permission of any interested person. or the consent or approval of any court The powers . granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and riot exclusive' of the general powers of trustees pursuant to by law, and shall include all powers necessary to carry them into effect.