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Trusts Sample Clauses

Trusts. 24.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Contractor may have notice of the Trust, the Client covenants with the Contractor as follows: (a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund; (b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Client will not without consent in writing of the Contractor (the Contractor will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
Trusts. 21.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not IRL may have notice of the Trust, the Customer covenants with IRL as follows: (a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund; (b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity. (c) the Customer will not without consent in writing of IRL (IRL will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events; (i) the removal, replacement or retirement of the Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
TrustsIn the case of a trust, the authorized trustee should date, sign, and complete the Subscription Agreement with information concerning the trust. The trustee should print the name of the trust above his signature, and print his name and the word "trustee" below his signature. In addition, an authorized trustee should also provide information requested in the Subscription Agreement as it pertains to him as an individual.
Trusts. 21.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
Trusts. 25.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC may have notice of the Trust, the Client covenants with CNC as follows: (a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund; (b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Client will not without consent in writing of CNC (CNC will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
Trusts. 11.1 If the Client at any time upon or subsequent to entering in to the Agreement is acting in the capacity of trustee of any trust (“Trust”) then whether or not XXXXX XXXXXXXX ACCOUNTING may have notice of the Trust, the Client covenants with XXXXX XXXXXXXX ACCOUNTING as follows: (a) the Agreement extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund. (b) the Client has full and complete power and authority under the Trust to enter into the Agreement and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity. (c) the Client will not without consent in writing of XXXXX XXXXXXXX ACCOUNTING (XXXXX XXXXXXXX ACCOUNTING will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: i) the removal, replacement or retirement of the Client as trustee of the Trust. ii) any alteration to or variation of the terms of the Trust. iii) any advancement or distribution of capital of the Trust; or iv) any resettlement of the trust property.
Trusts. (a) In order to ensure in the event of a Change of Control that timely payment will be made of certain obligations of the Company to the Executive provided for under this Agreement, the Company shall, immediately prior to or in connection with the consummation of a Change of Control, irrespective of whether the Change of Control constitutes a “change in ownership or effective control” or a change in the “ownership of a substantial portion of the assets” under Section 409A of the Code, and the rulings and regulations issued thereunder, pay into one or more trust(s) (the “Trust(s)”) established between the Company and any financial institution with assets in excess of $100 million selected by the Company prior to the Change of Control, as trustee (the “Trustee”), such amounts and at such time or times as are required in order to fully pay all cash amounts due the Executive hereunder that are payable or as are otherwise required pursuant to the terms of the Trust(s), with payment to be made in cash or cash equivalents. Thereafter, all such payments required to be paid hereunder shall be made out of the Trust(s); provided, however, that the Company shall retain liability for and pay the Executive any amounts or provide for such other benefits due the Executive under this Agreement for which there are insufficient funds in the Trust(s), for which no funding of the Trust(s) is required or in the event that the Trustee fails to make such payment to the Executive within the time frames set forth in this Agreement. Prior to the Change of Control, and to the extent necessary because of a change in the Trustee, after the Change of Control, the Company shall provide the Executive with the name and address of the Trustee. Nothing in this Agreement shall require the Company to maintain the funding required in this section beyond the second anniversary of a Change of Control unless, before such second anniversary, the Executive’s employment has terminated in a manner qualifying him for benefits hereunder. The Executive expressly waives any requirement under this Section 6 or otherwise for the Company to fund the Trust(s) if funding would cause him to be taxed under Section 409A(b) of the Code or any successor law. (b) For purposes of this Agreement, the term “the Company and/or the Trustee” means the Trustee to the extent the Company has put funds in the Trust(s) and the Company to the extent the Company has not funded or fully funded the Trust(s). However, in accordance...
Trusts. If you enter into the loan or facility as a trustee, you agree that you are liable under the loan or facility both personally and as trustee of the trust. You are also assuring ANZ that: • the loan or facility is for a proper purpose under the trust; • you have the power and authority under the trust to enter into the contract; and • you have the right to be indemnified fully out of the trust property, before the beneficiaries of the trust, for all liabilities you incur under the loan or facility.
TrustsIf applicable, for purposes of this Agreement, the Company Shareholder with respect to any Owned Shares held in trust shall be deemed to be the relevant trust and/or the trustees thereof acting in their capacities as such trustees, in each case as the context may require, including for purposes of such trustees’ representations and warranties as to the proper organization of the trust, their power and authority as trustees and the non-contravention of the trust’s governing instruments.
Trusts. If the Recipient is a trustee of a trust (Trust): the Recipient enters into and is bound by this Agreement both in its personal capacity and in its capacity as trustee of the Trust; and the Recipient represents and warrants to the State that, in respect of the Trust: it is the sole trustee of the Trust; it is a validly appointed trustee of the trust and no action is proposed to remove it as trustee of the Trust; there has not been any contravention of or non-compliance with any of the terms of the trust deed constituting the Trust; it has a right of indemnity out of the assets of the Trust for all liabilities incurred by it under this Agreement and the assets of the Trust are sufficient to satisfy that right; and this Agreement does not conflict with the operation or terms of the Trust or the trust deed; it has full and valid power and authority under the Trust to enter into this Agreement and to carry out the transactions contemplated by this Agreement (including all proper authorisations and consents); it enters into this Agreement and the transactions evidenced by it for the proper administration of the Trust and for the benefit of all of the beneficiaries of the Trust; and it will not, without the State’s consent (not to be unreasonably withheld or delayed), resign, allow the appointment of a substitute or additional trustee, terminate the trust or vary the terms of the Trust or resettle the Trust. SCHEDULE 1CONTACT OFFICERS Notice Addresses State and Department Recipient Contact Officers State Recipient Recipient financial contact SCHEDULE 2PROJECT REPORT Fulfilment of Recipient's Deliverables (activities and outputs). To what degree has the Recipient achieved Royalties for Regions’ objectives in fulfilling its Obligations? Project indicators. Milestones/achievements target for the reporting period. Milestones/actual achievements for the reporting period. Explanation of variances between target and actual achievements, including reasons why milestones were not achieved, impediments encountered, action taken to overcome these and potential future impediments if any. Risks in relation to the Project, including in relation to completing the Recipient's Obligations and solutions proposed by the Recipient in relation to these risks. Funding allocation by project category. What the Funding received has been spent on. Provide copies of contracts entered into between the Recipient and any other party in relation to the Project, including Third Party Agr...
TrustsIf applicable, for purposes of this Agreement, the Equityholder with respect to any Subject Units held in trust shall be deemed to be the relevant trust and/or the trustees thereof acting in their capacities as such trustees, in each case as the context may require, including for purposes of such trustees’ representations and warranties as to the proper organization of the trust, their power and authority as trustees and the non-contravention of the trust’s governing instruments.
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Trusts. 5.1 Notarised (or certified as in 1.1) copy of, or original Trust Deeds; 5.2 Notarised (or certified as in 1.1) copy of or original Letter of Wishes; 5.3 List of trustees, beneficiaries and authorised signatories, plus xxxxx of the signatures; 5.4 Personal information on the Trustees, or anyone authorised to sign for this application (as per 1.1 and 1.2); 5.5 Personal information on the beneficial owners (as per 1.1, 1.2 and 1.4); 5.6 Details of settlor and protector (if any) of the Trust; 5.7 A mandate to invest as per 2.7 5.10 Details and confirmation as per 1.3 In order for the Fund to comply with its FATCA obligations, we require the following information from prospective investors: W-8BEN-E form [or equivalent] duly completed and signed. In order for the Fund to comply with its OECD Common Reporting Standard (CRS) obligations, we require the following information from prospective investors: Tax Residency Self Certification Form.
Trusts. 5.1 This paragraph will apply where the Client is a trustee of a trust (Trust) and the Account has been opened in the name of the Client in its capacity as trustee of the Trust. 5.2 Notwithstanding the Client is a trustee of a Trust, the Client will remain personally responsible for the repayment of any Indebtedness due from the Client or the Trust to the Bank and the Client will in all respects be treated as the sole legal and beneficial owner of the Account and fully entitled to enter into any Agreement. 5.3 Subject to the provisions relating to Proper Instructions, any instruction provided by the person purporting to be the trustee will be assumed, without verification or investigation by the Bank, to be in accordance with the trust instrument governing the Trust. 5.4 The Bank is not affected by the terms of the Trust regardless whether it has any notice of the trust instrument. Provided that any action or instruction is within the Mandate, the Bank is not obliged to verify that any action or instruction by the trustee or other person in relation to the Account and any other dealings with the Bank is within its powers as set out in the trust instrument or otherwise. 5.5 If the Bank becomes aware that one or more persons named as trustee and comprising the Client has ceased for any reason to be a trustee of the Trust, the Bank may at its discretion treat the remaining trustee or trustees as having full power to act on behalf of the Trust and to deal with the Account and any other asset of the Trust as if there had been no change of trustee, without requiring any amendment to the Mandate or Authorised Signatories List.
Trusts. (a) The Security Agent shall hold the benefit of this Deed upon trust for itself and the other relevant Secured Parties. (b) The perpetuity period of the trusts created under this Deed shall be 125 years.
Trusts. This clause applies if you enter into the contract for your loan as trustee of a trust whether we know about the trust or not. You agree that you are liable both in your own right and as trustee of the trust. You declare or undertake to us that: • you enter into the contract for your loan for a proper purpose of the trust; • you have the power and authority under the trust to enter into the contract for your loan and, if the security is over the property of the trust, to mortgage the trust property; • you have the right to be indemnified fully out of the trust property, before the beneficiaries of the trust, for all liabilities that you incur under the contract for your loan; • you are the only trustee of the trust and no steps have been taken to remove you as trustee of the trust; • you are not in default under the terms of the trust; • you have told us about each trust of which you are a trustee; • you have given us a copy of all terms that apply to the trust; • the trust deed establishing the trust will not be amended without our prior consent; • you will not resign or be removed as trustee of the trust without our prior consent; • the trust has not vested; • you will not take action to terminate the trust without our prior consent; • no distribution of any capital of the trust will be effected without our prior consent; and • if the trust is a unit trust, no units will be redeemed without our prior consent. You must tell us immediately if, at any time, anything happens that would prevent you from truthfully repeating the declarations or giving the undertakings in this clause.
Trusts. If the investment will be in the name of a trust, please complete this Section 3. A. Name of trust: -------------------------------------------------- Trustee of trust: ----------------------------------------------- B. Address of trust (including street, city, state, country and zip code): ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- Telephone number: ( ) --------------------------------------- IRS Employer Identification Number: ----------------------------- Number of beneficiaries: ---------------------------------------- Names of beneficiaries and percentage of beneficial interest (excluding contingency interests) for each: ---------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- C. Is the trust a trust with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the Shares, whose purchase is directed by a person who has such knowledge and experience in financial and business matters that he is capable of evaluating the merits and risks of an investment in the Shares? Yes No --------- --------- D. Is the trustee of the trust that is making the investment decision to purchase the Shares a bank as defined in section 3(a)(2) of the Act, or any savings and loan association or other institution as defined in section 3(a)(5)(A) of the Act? Yes No --------- --------- E. Is the trust an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended? Yes No --------- --------- F. Is the trust an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended, (a) whose investment decision to purchase the Shares is made by a plan fiduciary, as defined in section 3(21) of the Act, which is either a bank, savings and loan association, insurance company or registered investment adviser, (b) which has total assets in excess of $5,000,000, or (c) which is a self-directed plan whose investment decisions are made solely by persons that are accredited investors as defined in Rule 501(a) promulgated under the Act? Yes No --------- --------- G. Is the trust a plan established and maintained by a state, its political subdivisions, or any agency...
Trusts. Not to transfer any of the Borrower's assets to a trust unless the trust is acceptable to the Bank in form and content, and the trustee guaranties payment of the Borrower's obligations under this Agreement prior to any such transfer.
Trusts. 21.1 Each Employer signatory to this Agreement is required to make reports to the Trusts (see Article 22) and remit with contributions, if any due to IUPAT Western Benefits, XX Xxx 00000, Xxxxxxx, XX 00000 (hereafter called the central distribution point) or such other place as may be designated. The report and payment must be postmarked by the Post Office no later than the 15th day of the month following the month in which the hours were worked. If, in the opinion of a CPA, as provided for in Section 4 and 5 of this Article, employed by the Union of any of the Trust Funds, the Employer has failed to maintain accurate time records, it shall be conclusively presumed that each employee who performed any services in a given week worked 40 hours in that week. 21.2 In the event an Employer fails to make any of the contributions or remittances as required by this Contract, such Employer shall be required to pay in addition to the principal sum due, any liquidated damages and interest in the amount specified in the respective Trust Fund agreements, and shall also be liable for reasonable attorney's fees and the costs of collection. In the event suit is initiated it is agreed that such suit shall be filed in a court of competent jurisdiction (either State or Federal) located in King County, Washington. 21.3 By entering into this Agreement, the Employer adopts and agrees to be bound by the terms of the Trust Agreements establishing the Funds referred to in this Article and agrees to be bound by all past and future lawful acts of the Trustees of each such Fund. The Employer shall not be bound by the terms of any Trust Agreement or the actions of the Trustees of any Trust Fund unless the Employer is obligated to make contributions to such Fund pursuant to this Contract. 21.4 The Grievance Committee, Trusts, or Union shall have the authority to appoint a C.P.A. who shall have the right to enter upon the Employer's premises at reasonable times, during normal business hours, and inspect and copy business records and conduct other relevant duties to function as ordered by the Grievance Committee, Trusts or Union. Such records as required by said agent to perform his duties will be provided by the Employer. 21.5 It shall be the duty and right of the Trustees of the Trusts to audit each Employer party to this Agreement once each three (3) years. The net cost of any such audit shall be borne pro-rata by the Trusts and the Union. 21.6 If an Employer audit conducted under the...
Trusts. The Security Agent shall hold the benefit of this Deed upon trust for itself and the other relevant Secured Parties.
Trusts. A trust investor must provide a copy of its trust agreement.
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