Common use of Withdrawal of Assets from the Trust Account Clause in Contracts

Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession Agreements, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets as are specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets to or for the account of the Beneficiary. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession Agreements, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Platinum Underwriters Holdings LTD)

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Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession AgreementsAgreement, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets Assets as are specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets to or for the account of the Beneficiary. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession AgreementsAgreement, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Platinum Underwriters Holdings LTD)

Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession AgreementsAgreement, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets Assets as are specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately promptly take the steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets to or for the account of the Beneficiary. In the event that the Trustee must sell an investment in order to comply with the Withdrawal Notice, the Trustee shall not be liable for any loss or penalty associated with such investment, except to the extent such loss or penalty arises from the Trustee's negligence, willful misconduct or lack of good faith, or failure to comply with the Withdrawal Notice. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession AgreementsAgreement, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Platinum Underwriters Holdings LTD)

Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the The Beneficiary shall have the sole right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession Agreements, to withdraw from the Trust Account, upon subject only to 30 days prior written notice from the Beneficiary to the Trustee (the "Withdrawal Notice"), such assets Assets as are specified in such Withdrawal Notice. The Withdrawal Notice may designate a third party (the "Designee") to whom Assets specified therein shall be delivered. The Beneficiary need present no statement or document to the Trustee in addition to a Withdrawal Notice in order to withdraw any AssetsAssets from the Trust Account; nor is said right of withdrawal or any other provision of this Trust Agreement subject to any conditions or qualifications not contained in this Trust Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the any and all steps necessary to transfer absolutely and unequivocably all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets Assets to or for the account of the BeneficiaryBeneficiary or such Designee as specified in such Withdrawal Notice. (c) Subject to paragraph (aSection 4 and 3(b) of this Section 2 and to Section 4 of this Trust Agreement, in the absence of a Withdrawal Notice, Notice the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession Agreements, or will be used and applied in the manner contemplated by Section 3 of this Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement (Endurance Specialty Holdings LTD)

Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession Agreements, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets as are specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order -5- to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets to or for the account of the Beneficiary. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession Agreements, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Platinum Underwriters Holdings LTD)

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Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession Agreements, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets Assets as are specified in such Withdrawal Notice. The Withdrawal Notice may designate a third party the "Designee") [Logo] to whom Assets specified therein shall be delivered and may condition delivery of such Assets to such Designee upon receipt, and deposit to the Trust Account, of other Assets specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the any and all steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets to or for the account of the BeneficiaryBeneficiary or such Designee as specified in such Withdrawal Notice. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, Notice the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession Agreements, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Zenith National Insurance Corp)

Withdrawal of Assets from the Trust Account. (a) Without notice to the Grantor, the Beneficiary shall have the right, at any time and from time to time, notwithstanding anything to the contrary contained in the Retrocession Agreements, to withdraw from the Trust Account, upon written notice to the Trustee (the "Withdrawal Notice"), such assets Assets as are specified in such Withdrawal Notice. The Withdrawal Notice may designate a third party (the "Designee") to whom Assets specified therein shall be delivered and may condition delivery of such Assets to such Designee upon receipt, and deposit to the Trust Account, of other Assets specified in such Withdrawal Notice. The Beneficiary need present no statement or document in addition to a Withdrawal Notice in order to withdraw any Assets; nor is said right of withdrawal or any other provision of this Agreement subject to any conditions or qualifications not contained in this Agreement. (b) Upon receipt of a Withdrawal Notice, the Trustee shall immediately take the any and all steps necessary to transfer absolutely all right, title and interest in the Assets specified in such Withdrawal Notice and shall deliver physical custody of such assets Assets to or for the account of the BeneficiaryBeneficiary or such Designee as specified in such Withdrawal Notice. (c) Subject to paragraph (a) of this Section 2 and to Section 4 of this Agreement, in the absence of a Withdrawal Notice, Notice the Trustee shall allow no substitution or withdrawal of any Asset from the Trust Account. (d) The Trustee shall have no responsibility whatsoever to determine that any Assets withdrawn from the Trust Account pursuant to this Section 2 are withdrawn in compliance with the Retrocession Agreements, or will be used and applied in the manner contemplated by Section 3 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Zenith National Insurance Corp)

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