VARIATION TO TRUST DEED Sample Clauses

VARIATION TO TRUST DEED. 14.1 This Deed may be altered or amended only by the unanimous resolution of the Trustees in writing provided however that no amendment shall be effective unless it has been approved in writing by the directors and the proposed amendment has been subject to the Consultative Procedure. 14.2 Notwithstanding clause 14.1 no alteration or amendment may be made to this Deed that has the effect of limiting or restricting the obligations or powers of the trustees under this deed to: (a) Review proposals and available options for the ownership of the shares held by the trust in the company in accordance with clause 4; or (b) Sell, transfer or dispose of the shares following an ownership review held in accordance with clause 4.
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VARIATION TO TRUST DEED. 14.1 This Deed may be amended by resolution of the Trustees, subject to the following provisions: (a) With respect to any proposed amendment, the Trustees shall firstly provide a copy to the directors of the Company for their comments, and the Trustees shall consider the directors’ comments. (b) No amendment to clauses 3.3, 4, 8.1 or 14.1 of this Deed or to any definition of terms used in any such clause shall be made without the written approval of the directors. (c) No amendment to clauses 3.3, 4, 8.1 or 14.1 or to any definition of terms used in any such clause shall be made which has not been subject to the Public Consultative Procedure. 14.2 Notwithstanding clause 14.1, no alteration or amendment may be made to this Deed that has the effect of limiting or restricting the obligations or powers of the Trustees under this Deed to: (a) review proposals and available options for the ownership of the shares held by the Trustees in the Company in accordance with Clause 4; or (b) sell, transfer or dispose of the shares following an ownership review held in accordance with Clause 4. 14.3 Further to and without limiting the application of clause 14.1, no amendment to the following clauses or rules or schedules of this Deed shall be made, unless the proposed amendments have been subject to the Public Consultative Procedure: clauses 3, 6, 9, 10, 12, 14.2, this Clause 14.3, 15, Rule 2 in Schedule 1, and/or all of Schedule 2.
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VARIATION TO TRUST DEED. 14.1. This Deed may be altered or amended by a resolution in writing by 80 percent of the Trustees provided however that no amendment shall be effective unless it has been approved in writing by the directors and the proposed amendment has been subject to the Public Consultative Procedure.
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VARIATION TO TRUST DEED. 15.1 Subject to Clause 15.2 this Deed may be altered or amended only by an Unanimous Resolution of the Trustees (including amending the name of the Trust) provided no amendment may be made until the Trustees have: (a) first published in accordance with Clause 14.3 a notice of the proposed amendment; (b) made available to Customers for at least one month after the publication under (a) as provided in Clause 14.1 particulars of the proposed amendment, the reasons for the proposed amendment and its likely effect, and (c) given Customers a reasonable opportunity to comment on the proposed amendment. 15.2 Notwithstanding Clause 15.1 no alternation or amendment may be made to this Deed which has the effect of limiting or restricting the obligations and powers of the Trustees under this Deed to:- (a) conduct Polls pursuant to Clauses 4.2 to 4.9, 4.13, 11.1 and 11.2 as to the future ownership of Shares or (b) implementing the result of such Poll in accordance with clauses 4.10, 4.12, 4.13 and 11.3.
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VARIATION TO TRUST DEED. 14.1. This Deed may be altered or amended only by the resolution of not less than four Trustees in writing provided however that no amendment shall be effective unless it has been approved by not less than seventyfive per cent of Consumers who vote in a postal vote carried out in accordance with Clause 4 of Schedule 3. 14.2. Notwithstanding Clause 14.1 no alteration or amendment may be made to this Deed that has the effect of limiting or restricting the obligations or powers of the Trustees under this Deed to: (a) review proposals and available options for the ownership of shares held by the Trustees in the Company in accordance with Clause 4; or (b) sell, transfer or dispose of the shares following an ownership review held in accordance with Clause 4.
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VARIATION TO TRUST DEED. 14.1 This Deed may be altered or amended only by the unanimous resolution of the Trustees in writing provided however that no amendment shall be effective unless it has been subject to the Public Consultative Procedure. 14.2 Notwithstanding clause 14.1, no alteration or amendment may be made to this Deed that has the effect of limiting or restricting the obligations or powers of the Trustees under this Deed to; (a) review proposals and available options for the ownership of the Review Shares held by the trustees, in accordance with Clause 4; or (b) sell, transfer or dispose of the Review Shares following an ownership review held in accordance with Clause 4.
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VARIATION TO TRUST DEED. 13.1 The Trustees shall have the power by Special Resolution (of which notice to propose that Special Resolution shall have been given in the notice convening the meeting) to alter or amend the terms of this Deed other than this Clause 13 and the provisions set out in Clause 13.2 which shall only be capable of being altered or amended in the manner set out in Clause 13.2. In exercising this power the Trustees shall consider any comments made by the Directors of the Company. 13.2 The Trustees shall have power on a unanimous resolution of all the Trustees after the Trustees have implemented a Consumer Consultative Procedure in respect of such proposal to alter or amend: (a) the definition of "Consumers", "Beneficiaries" or "District"; and (b) Clauses 4, 5, 6, 9.3 and 14. 13.3 Notwithstanding Clauses 13.1 and 13.2, no alteration or amendment may be made to this Deed that has the effect of limiting or restricting the obligations or powers of the Trustees under this Deed to: (a) review proposals and available options for the ownership of the Shares; or (b) sell, transfer or dispose of the Shares in accordance with Clause 9.3.
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Related to VARIATION TO TRUST DEED

  • Amendments to Trust Agreement Subject to Section 11.1 of the Trust Agreement, the Indenture Trustee shall, upon Issuer Order, consent to any proposed amendment to the Trust Agreement or an amendment to or waiver of any provision of any other document relating to the Trust Agreement, such consent to be given without the necessity of obtaining the consent of the Owners of any Notes upon satisfaction of the requirements under Section 11.1 of the Trust Agreement. Nothing in this Section shall be construed to require that any Person obtain the consent of the Indenture Trustee to any amendment or waiver or any provision of any document where the making of such amendment or the giving of such waiver without obtaining the consent of the Indenture Trustee is not prohibited by this Indenture or by the terms of the document that is the subject of the proposed amendment or waiver.

  • Assignment to Trustee The Seller hereby acknowledges and consents to any mortgage, pledge, assignment and grant of a security interest by the Issuer to the Trustee pursuant to the Indenture for the benefit of the Noteholders of all right, title and interest of the Issuer in, to and under the Receivables and/or the assignment of any or all of the Issuer's rights and obligations hereunder to the Trustee.

  • Certificate to Trustee The Company will furnish to the Trustee annually, on or before a date not more than four months after the end of its fiscal year (which, on the date hereof, is a calendar year), a brief certificate (which need not contain the statements required by Section 10.04) from its principal executive, financial or accounting officer as to his or her knowledge of the compliance of the Company with all conditions and covenants under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided under this Indenture) which certificate shall comply with the requirements of the Trust Indenture Act.

  • Election To Redeem; Notices to Trustee If the Issuer elects to redeem Notes pursuant to paragraph 6 of the Notes, at least 45 days prior to the Redemption Date (unless a shorter notice shall be agreed to in writing by the Trustee) but not more than 65 days before the Redemption Date, the Issuer shall notify the Trustee in writing of the Redemption Date, the principal amount of Notes to be redeemed and the redemption price, and deliver to the Trustee an Officers’ Certificate stating that such redemption will comply with the conditions contained in paragraph 6 of the Notes. Notice given to the Trustee pursuant to this Section 3.01 may not be revoked after the time that notice is given to Holders pursuant to Section 3.03.

  • Documents to Be Given to Trustee The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall be entitled to receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this Article Eight complies with the applicable provisions of this Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been satisfied.

  • Written Statement to Trustee The Issuer will furnish to the Trustee on or before March 31 in each year (beginning with March 31, 2006) a brief certificate (which need not comply with Section 11.05) from the principal executive, financial or accounting officer of the Issuer stating that in the course of the performance by the signer of his duties as an officer of the Issuer he would normally have knowledge of any default or non-compliance by the Issuer in the performance of any covenants or conditions contained in this Indenture, stating whether or not he has knowledge of any such default or non-compliance and, if so, specifying each such default or non-compliance of which the signer has knowledge and the nature thereof.

  • Election to Redeem; Notice to Trustee The election of the Company to redeem any Securities shall be evidenced by a Board Resolution or in another manner specified as contemplated by Section 301 for such Securities. In case of any redemption at the election of the Company of less than all the Securities of any series (including any such redemption affecting only a single Security), the Company shall, at least 60 days prior to the Redemption Date fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), notify the Trustee of such Redemption Date, of the principal amount of Securities of such series to be redeemed and, if applicable, of the tenor of the Securities to be redeemed. In the case of any redemption of Securities prior to the expiration of any restriction on such redemption provided in the terms of such Securities or elsewhere in this Indenture, the Company shall furnish the Trustee with an Officers' Certificate evidencing compliance with such restriction.

  • Opinion of Counsel to Be Given to Trustee No such consolidation, merger, sale, conveyance, transfer or lease shall be effective unless the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease and any such assumption and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture, complies with the provisions of this Article 11.

  • Notice to Trustee The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities of any series pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of the Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of any Securities of any series pursuant to the provisions of this Article, unless and until the Trustee shall have received written notice thereof from the Company or a holder or holders of Senior Debt or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 603, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section at least two Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Securities of any series), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. Subject to the provisions of Section 603, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Debt (or a trustee therefor) to establish that such notice has been given by a holder of Senior Debt (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment of distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

  • Evidence of Compliance of Supplemental Indenture to Be Furnished to Trustee Prior to entering into any supplemental indenture pursuant to this Article 9, the Trustee shall be provided with an Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 9 and is otherwise authorized or permitted by this Indenture.

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