Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement): (1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement; (2) the persons entering into this Agreement on behalf of the Trustee have been duly authorised to do so; and (3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 9 contracts
Samples: Allocated Account Agreement, Allocated Account Agreement, Allocated Account Agreement (Aberdeen Standard Silver ETF Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons entering into this Agreement on the Trustee’s behalf of the Trustee have been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 8 contracts
Samples: Unallocated Account Agreement, Unallocated Account Agreement (Aberdeen Standard Silver ETF Trust), Unallocated Account Agreement (ETFS Gold Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Trustee have has been duly authorised to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 5 contracts
Samples: Allocated Account Agreement (ETFS Asian Gold Trust), Allocated Account Agreement (ETFS White Metals Basket Trust), Allocated Account Agreement (ETFS White Metals Basket Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion Gold under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on the Trustee’s behalf of the Trustee have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 5 contracts
Samples: Trust Unallocated Account Agreement, Depositary Trust Agreement (Merk Gold Trust), Trust Unallocated Account Agreement (Merk Gold Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion Physical Gold under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Trustee have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 5 contracts
Samples: Allocated Account Agreement, Depositary Trust Agreement (Merk Gold Trust), Depositary Trust Agreement (Merk Gold Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on the Trustee’s behalf of the Trustee have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 5 contracts
Samples: Unallocated Account Agreement (ETFS Asian Gold Trust), Unallocated Account Agreement (ETFS White Metals Basket Trust), Unallocated Account Agreement (ETFS White Metals Basket Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit of Bullion under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons entering into this Agreement on behalf of the Trustee have been duly authorised to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the TrustTrustee, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 4 contracts
Samples: Allocated Account Agreement (ETFS Platinum Trust), Allocated Account Agreement (Etfs Palladium Trust), Allocated Account Agreement (Etfs Silver Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit withdrawal of Bullion under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences and authorisations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons entering into this Agreement on the Trustee’s behalf of the Trustee have been duly authorised Authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the TrustTrustee, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 4 contracts
Samples: Unallocated Account Agreement (ETFS Gold Trust), Unallocated Account Agreement (Etfs Palladium Trust), Unallocated Account Agreement (ETFS Platinum Trust)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit or withdrawal of Bullion Gold under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Trustee have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 2 contracts
Samples: Trust Unallocated Metal Account Agreement (Perth Mint Physical Gold ETF), Trust Unallocated Metal Account Agreement (Perth Mint Physical Gold ETF)
Trustee’s Representations. The Trustee represents and warrants to the Custodian that (such representations and warranties being deemed to be repeated upon each occasion of deposit or withdrawal of Bullion Physical Gold under this Agreement):
(1) the Trustee has all necessary authority, powers, consents, licences licenses and authorisations authorizations (which have not been revoked) and has taken all necessary action to enable it lawfully to enter into and perform its duties and obligations under this Agreement;
(2) the persons person entering into this Agreement on behalf of the Trustee have has been duly authorised authorized to do so; and
(3) this Agreement and the obligations created under it are binding upon and enforceable against the Trustee, as trustee of the Trust, in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which the Trustee is bound.
Appears in 2 contracts
Samples: Trust Allocated Metal Account Agreement (Perth Mint Physical Gold ETF), Trust Allocated Metal Account Agreement (Perth Mint Physical Gold ETF)