Constituting Document definition
Examples of Constituting Document in a sentence
The Constituting Document constitutes and (where applicable) secures the Instruments by the creation of a trust deed (the “Trust Deed”) on the terms (as amended, and/or supplemented by the Constituting Document) set out in the master trust terms (the “Master Trust Terms”) signed by the Arranger for the purposes of identification and as specified in the Constituting Document.
In order to so elect, the Issuer (or the Issuing and Paying Agent on its behalf, having been supplied by the Issuer or the Calculation Agent with the relevant Optional Redemption Exercise Notice and directed to do so) shall give the Optional Redemption Exercise Notice to the Instrumentholders (with a copy to the Trustee, the Calculation Agent and each Counterparty) prior to such Optional Redemption Exercise Date as specified in the Constituting Document.
If specified in the Constituting Document, the Secured Payment Obligations of the Issuer may also be secured pursuant to a Security Document other than the Trust Deed.
Interpretation and definitionsThe Instruments have the terms specified in a Schedule to the Constituting Document with respect to the Instruments (as amended and/or restated from time to time, the “Constituting Document”) between, inter alios, the Issuer, Deutsche Trustee Company Limited (the “Trustee”) and the Swap Counterparty (if any) named therein.
The appropriate officers and employees of OFI Global shall be available upon reasonable notice for consultation with any of the Directors and officers of the Fund with respect to any matters dealing with the business and affairs of the Fund including the valuation of portfolio securities of the Fund which are either not registered for public sale or not traded on any securities market.
The Issuer shall acknowledge the same in the Constituting Document supplemental to the Trust Deed that it enters into in respect of the further Tranche and shall reaffirm the Transaction Security.
The Issuer has appointed the process agent specified in the Constituting Document as its “Process Agent” to receive, for it and on its behalf, service of process in any Proceedings in England in relation to the Trust Deed.
The Trustee need not exercise any voting or other such rights (including the exercise of options) it may have over or in respect of any Collateral comprised in the Mortgaged Property unless directed by an Extraordinary Resolution of the Instrumentholders or otherwise as may be provided in the Constituting Document or in the Terms and Conditions and unless indemnified and/or secured and/or prefunded to its satisfaction.
Each communication or document to be delivered to any party under the Trust Deed shall be sent to that party at the postal address or electronic address, and marked for the attention of the person specified in the Constituting Document or to such other address or person as shall have been notified (in accordance with this Clause 18.1) to the other parties hereto.
The Instruments for each Tranche shall be constituted by a Constituting Document incorporating by reference these Master Trust Terms (with such amendments and/or supplements as may be specified in such Constituting Document) for each such Tranche containing such provisions as the Trustee shall require.