Xxxxx Revocable Trust Sample Clauses

Xxxxx Revocable Trust. Under Agreement Dated November 5, 1988 (the "Beneficiary") hereby certifies to Bankers Trust Company (the "Bank") with respect to the above-referenced standby letter of credit (the "Letter of Credit," the terms defined therein and not otherwise defined herein being used herein as therein defined) in favor of the Beneficiary, that: The Beneficiary has received written notice from the Bank that an Event of Default has occurred under the Letter of Credit Agreement and that the Letter of Credit is to be terminated prior to the Stated Expiry Date and is making a drawing under the Letter of Credit in the amount of USD_____________, which amount is the lesser of (x) the Stated Amount of the Letter of Credit as in effect on the date hereof and (y) the aggregate principal amount outstanding under the Installment Notes, dated September 22, 1995, issued by the Company to the Beneficiary on the date hereof. Upon receipt of the amount demanded under the Letter of Credit, the Beneficiary will apply all of such amount directly to the payment of the outstanding principal of the Installment Notes. Payment of this drawing is required to be made in immediately available funds by wire transfer to the Beneficiary in accordance with the following payment instructions.
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Xxxxx Revocable Trust. Under Agreement Dated November 5, 1988 (the "Beneficiary") hereby certifies to Bankers Trust Company (the "Bank") with respect to the above-referenced standby letter of credit (the "Letter of Credit," the terms defined therein and not otherwise defined herein being used herein as therein defined) in favor of the Beneficiary, that the principal amount of the [First] [Second] Installment Note has been reduced by $ . ----------------------------- The Bank is hereby instructed and authorized to reduce the Stated Amount of the Letter of Credit by the amount set forth in the preceding paragraph without a drawing under the Letter of Credit.
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Xxxxx Revocable Trust. 33 shares of Class A Voting Common Stock and 3,179 shares of Class B Non-Voting Common Stock of VISTANA CAPITAL HOLDINGS, INC.
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Xxxxx Revocable Trust. Xxx X. Xxxxxxxx Xxx X. Xxxxxxxx, as custodian UTMA fbo Xxxxxx X. Xxxxxxxx Xxx X. Xxxxxxxx, as custodian UTMA fbo Xxxxxx X. Xxxxxxxx, Xx. Xxx X. Xxxxxxxx, as custodian UTMA fbo Xxxx X. Xxxxxxxx Aquiline Financial Services Fund (Offshore) L.P. Aquiline Financial Services Fund L.P. Arena Capital Investment Fund Xxxxxx X. Xxxxxx Xxxxxxx Xxxxx Xxxxxx X. Xxxxxx Revocable Trust Xxxxxxxx X. Xxxxxx Xxxxxxxx X. Xxxxxx Minority Trust Bent Family Foundation Xxxxx X. Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxxxx X. Xxxx Xxxxx X. Xxxx XXX Xxxxx X. Xxxx XXX Rollover Account C. E. Commander XXX Xxxxx Xxxxxxxx Xxxxxxxx X. Xxxxxx Xxxxxxxx X. Xxxxxx MinorityTrust Xxxxxxx Xxxxx Cedar Street Venture Fund I, X.X. Xxxxxxxx Street Partners Chicago Growth Partners, f/k/a Wilblairco Associates Xxxxx Xxxxxxx Xxxxxxxxxxx Xxxxx Xxxxxx Minority Trust Xxxxx Xxxxxx Credit Suisse/NC Investment Fund, L.P. XX Xxxxxxxxx Investment Fund, L.P. CSFB Private Equity Strategies, L.P. CSFB/Xxxxxx Family Partnership, L.P. CSG Fund Investment Program III, L.P. Xxxx Xxxxxx Xxxx X. Xxxxxxxx XX and Xxxxx X. Xxxxxxxx, TEN ENT Xxxxx X. Xxxxx Xx. Revocable Trust UAD 4-3-02 Xxxxx X. Xxxxx, Xx., as custodian UTMA fbo Xxxxxxx X. Xxxxx Xxxxx X. Xxxxx, Xx., as custodian UTMA fbo Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Xx., as custodian UTMA fbo Xxxxx X. Xxxxx Xxxxx Xxxxxxxxxx Xxxxx X. Xxxxxxx Deal Leaders Funds, L.P. Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx, as custodian UTMA fbo Xxxxxxxxxxx X. Xxxxxx Xxxxx Xxxxxxxxxxx Diamond Castle Partners IV, L.P. Diamond Castle Partners IV-A, L.P DLJ MB Partners III GmbH & Co. KG DLJ Merchant Banking Partners III, L.P. DLJ Offshore Partners III, C.V. DLJ Offshore Partners III-1, C.V. DLJ Offshore Partners III-2, C.V. Xxxxxxx Xxxxxxxxx DV Properties Inc. Xxxxxx X. Xxxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxx-Xxxxxxxx Fertosa LLC Xxxxxx Xxxxx Co-Investment Partnership, L.P. Xxxx X. Xxxxxxxxxx, Xx. Xxxxxxxxx Xxxxxxx Xxxx X. Xxxxx Revocable Living Trust Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxxxx Xxxxxxxx Xxxx Co-Investment Fund II X.X. Xxxxxxxx Lane Co-Investment Fund L.P. Xxxxxx X. Xxxx and Xxxxx X. Xxxx, JTWROS Xxxxx Investments Corporation Xxxxxx X. Xxxxxx, Xx. Xxxxx X. Xxxx Xxxxx Xxxx XXX Xxxxxx X. Xxxxxxx and Xxxxx X. Xxxxxxx Investment USA Co (formerly 572 982 Ontario) X. Xxx Druce, Cust fbo Xxxxxxxx Xxxxx Xxxxx X. Xxx Xxxxx, Cust fbo Xxxxxxx Xxxxxxx Xxxxx X. Xxx Xxxxx, Cust fbo Xxxxx Xxxxxxxxx Xxxxx X.X. Xxxxxxxx Xxxxx X. Xxxxxxx and Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx, Trustee of the Xxxxx X. Xxxxxxx Revocab...
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Xxxxx Revocable Trust. If Jxxxxx X. Xxxxx for any reason fails or ceases to serve as trustee of the Jxxxxx X. Xxxxx Revocable Trust, then the successor trustee or trustees of such trust or of any successor trusts shall serve as Managing Partner. If at any time there is no General Partner serving as Managing Partner, then by majority consent of the General Partners on the basis of their Percentage Interests, the General Partners may appoint one or more of the General Partners to serve as Managing Partner.
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Xxxxx Revocable Trust. The Revocable Trust Agreement creating the Xxxxxxx X. Xxxxx Revocable Trust within which the shares of Common Stock to be beneficially owned by Xx. Xxxxxxx X. Adler are held (the "Xxxxx Trust Agreement")
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Xxxxx Revocable Trust. By: By: ------------------------------- -------------------------------- August X. Xxxxx, Xx. August X. Xxxxx, Xx. Executor Successor Trustee
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Xxxxx Revocable Trust. (Seller) agrees to sell and convey to (Xxxxx), and Xxxxx agrees to buy from Seller the following property situated in Xxxx Township, Xxxxxx County, Iowa, containing 65.05 acres, more or less (M/L) and legally described as N½ NW¼ of Section 35, EXCEPT Road Right of Way acquired by the Iowa DOT, in Township 83 North, Range 12 West of the 5th P.M., Benton County, Iowa. Exact legal to come from abstract. , together with any easements and 100 percent of the mineral rights owned by Seller, but subject to any easements of record, zoning restrictions, FSA/NRCS cost sharing agreements and restrictive covenants. The right is reserved to insert the exact legal description as shown by the Abstract of Title.
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Xxxxx Revocable Trust. (Seller) agrees to sell and convey to (Buyer), and Xxxxx agrees to buy from Seller the following property situated in Garnavillo Township, Clayton County, Iowa, containing 99.94 acres, more or less (M/L) and legally described as Part of the SW¼ west of creek Section 14, Township 93 North, Range 4 West of the 5th P.M., subject to survey. , together with any easements and 100 percent of the mineral rights owned by Seller, but subject to any easements of record, zoning restrictions, FSA/NRCS cost sharing agreements and restrictive covenants. The right is reserved to insert the exact legal description as shown by the Abstract of Title.
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Related to Xxxxx Revocable Trust

  • Custody of Partnership Funds; Bank Accounts (a) All funds of the Partnership not otherwise invested shall be deposited in one or more accounts maintained in such banking or brokerage institutions as the General Partner shall determine, and withdrawals shall be made only on such signature or signatures as the General Partner may, from time to time, determine. (b) All deposits and other funds not needed in the operation of the business of the Partnership may be invested by the General Partner in investment grade instruments (or investment companies whose portfolio consists primarily thereof), government obligations, certificates of deposit, bankers’ acceptances and municipal notes and bonds. The funds of the Partnership shall not be commingled with the funds of any other Person except for such commingling as may necessarily result from an investment in those investment companies permitted by this Section 10.2(b).

  • Purchase of Trust Student Loans; Reimbursement A. The Servicer, the Administrator, the Eligible Lender Trustee and the Indenture Trustee shall give notice to the other parties promptly, in writing, upon the discovery of any breach of the provisions of Section 3.1, 3.2, 3.3 or 3.4 which has a material adverse effect on the interest of the Issuer. In the event of such a material breach which is not curable by reinstatement of the Guarantor’s guarantee of such Trust Student Loan, the Servicer shall purchase the affected Trust Student Loan not later than 120 days following the earlier of the date of discovery of such material breach and the date of receipt of the Guarantor reject transmittal form with respect to such Trust Student Loan. In the event of a material breach with respect to such Trust Student Loan which is curable by reinstatement of the Guarantor’s guarantee of such Trust Student Loan, unless the material breach shall have been cured within 360 days following the earlier of the date of discovery of such material breach and the date of receipt of the Guarantor reject transmittal form with respect to such Trust Student Loan, the Servicer shall purchase such Trust Student Loan not later than the sixtieth day following the end of such 360-day period. The purchase price hereunder will be the unpaid principal amount of such Trust Student Loan plus accrued and unpaid interest (calculated using the applicable percentage that would have been insured pursuant to Section 428(b)(1)(G) of the Higher Education Act) plus an amount equal to all net forfeited Interest Subsidy Payments and Special Allowance Payments with respect to such Trust Student Loan (to the extent not already included in the purchase price). In consideration of the purchase of any such Trust Student Loan pursuant to this Section 3.5, the Servicer shall remit the purchase price to the Administrator in the manner and at the time specified in Section 2.6 of the Administration Agreement. Any breach that relates to compliance with the requirements of the Higher Education Act or of the applicable Guarantor but that does not affect such Guarantor’s obligation to guarantee payments of a Trust Student Loan will not be considered to have a material adverse effect for purposes of this Section 3.5A. B. In addition, if any breach of Section 3.1, 3.2, 3.3 or 3.4 by the Servicer does not trigger such purchase obligation but does result in the refusal by a Guarantor to guarantee all or a portion of the accrued interest (or any obligation of the Issuer to repay such interest to a Guarantor), or the loss (including any obligation of the Issuer to repay to the Department) of Interest Subsidy Payments and Special Allowance Payments, with respect to any Trust Student Loan affected by such breach, then the Servicer shall reimburse the Issuer in an amount equal to the sum of all such nonguaranteed interest amounts that would have been owed to the Issuer by the Guarantor but for such breach by the Servicer and such forfeited Interest Subsidy Payments or Special Allowance Payments by netting such sum against the Servicing Fee payable to the Servicer for such period and remitting any additional amounts owed in the manner specified in Section 2.6 of the Administration Agreement not later than (i) the last day of the next Collection Period ending not less than 30 days from the date of the Guarantor’s refusal to guarantee all or a portion of accrued interest or loss of Interest Subsidy Payments or Special Allowance Payments, or (ii) in the case where the Servicer reasonably believes such amounts are likely to be collected, not later than the last day of the next Collection Period ending not less than 360 days from the date of the Guarantor’s refusal to guarantee all or a portion of accrued interest or loss of Interest Subsidy Payments or Special Allowance Payments. At the time such payment is made, the Servicer shall not be required to reimburse the Issuer for interest that is then capitalized, however, such amounts shall be reimbursed if the borrower subsequently defaults and such capitalized interest is not paid by the Guarantor. C. Anything in this Section 3.5 to the contrary notwithstanding, if as of the last Business Day of any month the aggregate outstanding principal amount of Trust Student Loans with respect to which claims have been filed with and rejected by a Guarantor or with respect to which the Servicer determines that claims cannot be filed pursuant to the Higher Education Act as a result of a breach by the Servicer or the Depositor, exceeds 1% of the Pool Balance, the Servicer or the Seller, as appropriate, shall purchase, within 30 days of a written request of the Indenture Trustee, such affected Trust Student Loans in an aggregate principal amount such that after such purchase the aggregate outstanding principal amount of such affected Trust Student Loans is less than 1% of the Pool Balance. The Trust Student Loans to be purchased by the Servicer or the Depositor pursuant to the preceding sentence shall be based on the date of claim rejection (or date of notice referred to in the first sentence of this Section 3.5) with the Trust Student Loans with the earliest such date to be purchased first. D. In lieu of purchasing Trust Student Loans pursuant to this Section 3.5, the Servicer may, at its option, with the prior consent of the Administrator, arrange for the substitution of Student Loans which are substantially similar as of the date of substitution on an aggregate basis to the Trust Student Loans for which they are being substituted with respect to the following characteristics: (1) status (i.e., in-school, grace, deferment, forbearance or repayment); (2) program type (i.e., unsubsidized or subsidized Sxxxxxxx Loans (pre-1993 v. post-1993), PLUS Loans or SLS Loans); (3) guarantee percentage; (4) school type; (5) total return; (6) principal balance; and (7) remaining term to maturity. In addition, each substituted Student Loan shall comply, as of the date of substitution, with the representations and warranties made by the Depositor in the Sale Agreement. In choosing Student Loans to be substituted pursuant to this subsection D, the Servicer shall make a reasonable determination that the Student Loans to be substituted will not have a material adverse effect on the Noteholders. In the event the Servicer elects to substitute Student Loans pursuant to this Section 3.5 and the Administrator consents to such substitution, the Servicer will remit to the Administrator the amount of any shortfall between the Purchase Amount of the substituted Student Loans and the Purchase Amount of the Trust Student Loans for which they are being substituted. The Servicer shall also remit to the Administrator an amount equal to all nonguaranteed interest amounts that would have been owed to the Issuer by the Guarantor but for the breach of the Servicer and forfeited Interest Subsidy Payments and Special Allowance Payments with respect to the Trust Student Loans in the manner provided in Section 2.6 of the Administration Agreement. E. The sole remedy of the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders with respect to a breach pursuant to Section 3.1, 3.2, 3.3 or 3.4 shall be to require the Servicer to purchase Trust Student Loans, to reimburse the Issuer as provided above or to substitute Student Loans pursuant to this Section. F. The Eligible Lender Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the purchase of any Trust Student Loan or the reimbursement for any interest penalty pursuant to this Section 3.5. G. The Servicer shall not be deemed to have breached its obligations pursuant to Section 3.1, 3.2, 3.3 or 3.4 if it is rendered unable to perform such obligations, in whole or in part, by a force outside the control of the parties hereto (including acts of God, acts of war, fires, earthquakes, hurricanes, floods and other disasters). The Servicer shall diligently perform its duties under this Agreement as soon as practicable following the termination of such interruption of business. H. The Servicer also will have an option, but not the obligation, to purchase any Trust Student Loan on any date; provided that the Servicer may not purchase Trust Student Loans if the aggregate outstanding principal balance thereof (at the time of purchase) exceeds 2.0% of the Initial Pool Balance as of the date of determination. To exercise such option, the Servicer shall notify the Administrator, the Depositor, the Issuer and the Indenture Trustee thereof in advance in writing, and the Servicer shall deposit into the Collection Account an amount equal to the purchase price, as calculated pursuant to Section 3.5.A hereof, for the Trust Student Loans so purchased.

  • Anti-Trust The MA Dual SNP hereby certifies to HHSC that neither the MA Dual SNP, nor the person represented by the MA Dual SNP, nor any person acting for the represented person, has been found by a judgment of a court of law to have violated the anti-trust laws codified by Chapter 15, Texas Business and Commerce Code, or the federal anti-trust laws.

  • REPURCHASE OF TRUST STUDENT LOANS; REIMBURSEMENT (A) Each party to these Master Terms shall give notice to the other parties promptly, in writing, upon the discovery of any breach of SLM ECFC’s representations and warranties made pursuant to Sections 5(A) and (B) hereof which has a materially adverse effect on the interest of Funding in any Trust Student Loan. In the event of such a material breach which is not curable by reinstatement of the applicable Guarantor’s guarantee of such Trust Student Loan, SLM ECFC shall repurchase any affected Trust Student Loan not later than 120 days following the earlier of the date of discovery of such material breach and the date of receipt of the Guarantor reject transmittal form with respect to such Trust Student Loan. In the event of such a material breach which is curable by reinstatement of the Guarantor’s guarantee of such Trust Student Loan, unless the material breach shall have been cured within 360 days following the earlier of the date of discovery of such material breach and the date of receipt of the Guarantor reject transmittal form with respect to such Trust Student Loan, SLM ECFC shall purchase such Trust Student Loan not later than the sixtieth day following the end of such 360-day period. SLM ECFC shall also remit as provided in Section 2.6 of the Administration Agreement on the date of repurchase of any Trust Student Loan pursuant to this Section 6(A) an amount equal to all non-guaranteed interest amounts and forfeited Interest Subsidy Payments and Special Allowance Payments with respect to such Trust Student Loan. In consideration of the purchase of any such Trust Student Loan pursuant to this Section 6(A), SLM ECFC shall remit the Purchase Amount in the manner specified in Section 2.6 of the Administration Agreement. In addition, if any breach of Sections 5(A) and (B) hereof by SLM ECFC does not trigger such repurchase obligation but does result in the refusal by a Guarantor to guarantee all or a portion of the accrued interest (or any obligation of Funding to repay such interest to a Guarantor), or the loss (including any obligation of Funding to repay the Department) of Interest Subsidy Payments and Special Allowance Payments, with respect to any Trust Student Loan affected by such breach, then SLM ECFC shall reimburse Funding by remitting an amount equal to the sum of all such non-guaranteed interest amounts and such forfeited Interest Subsidy Payments or Special Allowance Payments in the manner specified in Section 2.6 of the Administration Agreement not later than (i) the last day of the next Collection Period ending not less than 60 days from the date of the Guarantor’s refusal to guarantee all or a portion of accrued interest or loss of Interest Subsidy Payments or Special Allowance Payments, or (ii) in the case where SLM ECFC reasonably believes such losses are likely to be collected, not later than the last day of the next Collection Period ending not less than 360 days from the date of the Guarantor’s refusal to guarantee all or a portion of accrued interest or loss of Interest Subsidy Payments or Special Allowance Payments. At the time such payment is made, SLM ECFC shall not be required to reimburse Funding for interest that is then capitalized, however, such amounts shall be reimbursed if the Borrower subsequently defaults and such capitalized interest is not paid by the Guarantor. Anything in this Section 6(A) to the contrary notwithstanding, if as of the last Business Day of any month the aggregate outstanding principal amount of Trust Student Loans with respect to which claims have been filed with and rejected by a Guarantor or with respect to which the Servicer determines that claims cannot be filed pursuant to the Higher Education Act as a result of a breach by SLM ECFC or the Servicer, exceeds 1% of the Pool Balance, SLM ECFC (or the Servicer as provided in the Servicing Agreement) shall purchase, within 30 days of a written request of the Indenture Trustee, such affected Trust Student Loans in an aggregate principal amount such that after such purchase the aggregate principal amount of such affected Trust Student Loans is less than 1% of the Pool Balance. The Trust Student Loans to be purchased by SLM ECFC and the Servicer pursuant to the preceding sentence shall be based on the date of claim rejection (or the date of notice referred to in the first sentence of this Section 6(A)) with Trust Student Loans with the earliest such date to be repurchased first. (B) In lieu of repurchasing Trust Student Loans pursuant to Section 6(A), SLM ECFC may, at its option, substitute Eligible Loans or arrange for the substitution of Eligible Loans which are substantially similar on an aggregate basis as of the date of substitution to the Trust Student Loans for which they are being substituted with respect to the following characteristics: 1. status (i.e., in-school, grace, deferment, forbearance or repayment), 2. program type (i.e., Unsubsidized Xxxxxxxx Loan or Subsidized Xxxxxxxx Loan (pre-1993 vs. post-1993), PLUS Loan or SLS Loan), 3. guarantee percentage, 4. school type, 5. total return, 6. principal balance, and 7. remaining term to maturity. In addition, each substituted Eligible Loan will comply, as of the date of substitution, with all of the representations and warranties made hereunder. In choosing Eligible Loans to be substituted pursuant to this Section 6(B), SLM ECFC shall make a reasonable determination that the Eligible Loans to be substituted will not have a material adverse effect on the Noteholders. In connection with each substitution a Purchase Agreement and related Xxxx of Sale regarding such Substituted Loans will be executed and delivered by the applicable parties. In the event that SLM ECFC elects to substitute Eligible Loans pursuant to this Section 6(B), SLM ECFC will remit to the Administrator the amount of any shortfall between the Purchase Amount of the substituted Eligible Loans and the Purchase Amount of the Trust Student Loans for which they are being substituted. SLM ECFC shall also remit to the Administrator an amount equal to all non-guaranteed interest amounts and forfeited Interest Subsidy Payments and Special Allowance Payments with respect to the Trust Student Loans in the manner provided in Section 2.6 of the Administration Agreement. (C) The sole remedy of Funding, the Eligible Lender Trustee and the Noteholders with respect to a breach by SLM ECFC pursuant to Sections 5(A) and (B) hereof shall be to require SLM ECFC to purchase such Trust Student Loans, to reimburse Funding as provided in Section 6(A) above or to substitute Eligible Loans pursuant to Section 6(B) above. The Eligible Lender Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the purchase of any Trust Student Loan or the reimbursement for any forfeiture of Interest Subsidy Payments or Special Allowance Payments pursuant to this Section 6.

  • Payments from Owner Trust Estate All payments to be made by the Owner Trustee under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party shall be made only from the income and proceeds of the Owner Trust Estate and only to the extent that the Owner Trustee shall have received income or proceeds from the Owner Trust Estate to make such payments in accordance with the terms hereof. Wilmington Trust Company or any successor thereto, in its individual capacity, shall not be liable for any amounts payable under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party.

  • Name of Trust It is understood that the name "Calamos", and any logo associated with that name, is the valuable property of Calamos Asset Management, Inc., and that the Trust has the right to include "Calamos" as a part of its name or the name of any Fund only so long as this Agreement shall continue. Upon termination of this Agreement the Trust shall forthwith cease to use the "Calamos" name and logo and shall take such action as is necessary to change the name of any Fund and to amend its Declaration of Trust to change the Trust's name.

  • Grantor Trust The Trust is intended to be a grantor trust, of which the Sponsor is the grantor, within the meaning of subpart E, part I, subchapter J, chapter 1, subtitle A of the Internal Revenue Code of 1986, as amended, and shall be construed accordingly.

  • Name of the Trust This Trust shall be known as the “___________________ Revocable Living Trust” hereinafter known as the “Trust” and ☐ is ☐ is not an amendment to a prior Living Trust.

  • Irrevocable Transfer Agent Instructions The Company shall issue irrevocable instructions to its transfer agent, and any subsequent transfer agent, in the form of Exhibit E attached hereto (the “Irrevocable Transfer Agent Instructions”). The Company represents and warrants that no instruction other than the Irrevocable Transfer Agent Instructions referred to in this Section 4.1(d) (or instructions that are consistent therewith) will be given by the Company to its transfer agent in connection with this Agreement, and that the Securities shall otherwise be freely transferable on the books and records of the Company as and to the extent provided in this Agreement and the other Transaction Documents and applicable law. The Company acknowledges that a breach by it of its obligations under this Section 4.1(d) will cause irreparable harm to a Purchaser. Accordingly, the Company acknowledges that the remedy at law for a breach of its obligations under this Section 4.1(d) will be inadequate and agrees, in the event of a breach or threatened breach by the Company of the provisions of this Section 4.1(d), that a Purchaser shall be entitled, in addition to all other available remedies, to an order and/or injunction restraining any breach and requiring immediate issuance and transfer, without the necessity of showing economic loss and without any bond or other security being required.

  • Investments in the Trust Investments may be accepted by the Trust from such Persons, at such times, on such terms, and for such consideration as the Trustees from time to time may authorize. Each investment shall be credited to the Shareholder's account in the form of full and fractional Shares of the Trust, in such Series (or class) as the purchaser shall select, at the net asset value per Share next determined for such Series (or class) after receipt of the investment; provided, however, that the Trustees may, in their sole discretion, impose a sales charge or reimbursement fee upon investments in the Trust.

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