CBA Trust Assets definition
Examples of CBA Trust Assets in a sentence
This clause will not apply to any obligation or liability of the Trustee in respect of the CBA Trust to the extent that it is not satisfied because, under this Deed or by operation of law, there is a reduction in the extent of the Trustee's indemnification out of the CBA Trust Assets as a result of the Trustee's fraud, negligence or wilful default.
A liability arising under or in connection with this Deed and the CBA Trust is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of the CBA Trust Assets out of which the Trustee is actually indemnified for the liability.
Subject to clause 7.3(d)(i), the Trustee must immediately pay to the relevant Seller (or otherwise pay as that Seller directs) any proceeds the Trustee receives in respect of the CBA Trust Assets in relation to that Seller.
A Seller may retain any proceeds received by it from the CBA Trust Assets in relation to it.
Following a declaration in accordance with clause 24.2, the Trustee must continue to hold its interest in the CBA Trust Assets in accordance with this Deed.
Upon the retirement or removal of the Trustee as trustee of the Series Trust in accordance with the Master Trust Deed, the Trustee must vest the CBA Trust Assets, or cause them to be vested, in the Substitute Trustee and must deliver to the Substitute Trustee (or to the Manager if it is acting as Trustee) all books, documents, records and other property whatsoever in its possession (if any) relating to the CBA Trust.
The Relevant Seller must pay to, or reimburse, the Trustee immediately on demand for all costs and expenses including, without limitation, all legal costs charged at the usual commercial rates of the relevant legal services provider and any stamp duty and registration fees arising out of, or necessarily incurred in connection with, the Trustee coming to hold its right, title and interest in any Mortgage Loan Rights as part of the Relevant CBA Trust Assets for the CBA Trust in accordance with clause 7.5.
The Trustee must not apply the Assets of the Series Trust to meet any liabilities of the CBA Trust (or either of the two trusts comprised therein) and the Trustee must not apply the CBA Trust Assets to meet any Liabilities of the Series Trust.
The Trustee owes no fiduciary or other duties to the Sellers in respect of the CBA Trust Assets other than pursuant to clauses 2.8, 2.9(b), 2.10 and 7.3 and, in any event, is not liable in any manner whatsoever to a Seller for any loss to the CBA Trust Assets in relation to that Seller as a result of acting on the direction of that Seller or for not acting as a result of that Seller failing to give any direction to the Trustee or for otherwise acting in accordance with this Deed.
A liability arising under or in connection with this Deed and the CBA Trust can be enforced against the Trustee only to the extent to which it can be satisfied out of the CBA Trust Assets out of which the Trustee is actually indemnified for the liability.