Examples of Determination Agency Agreement in a sentence
The postal address, (except in the case of the Trustee) electronic address and person(s) so designated by each party are as set out in the signature pages of this Determination Agency Agreement.
The schedules are part of this Determination Agency Agreement and shall have effect accordingly.
In respect of each relevant Series of ETP Securities, each party to this Determination Agency Agreement acknowledges an assignment by way of security, in favour of the Trustee, of all of the Issuer’s rights, title, interest and benefit present and future in, to and under this Determination Agency Agreement.
To the extent that the Determination Agent requires clarification of its duties pursuant to this Determination Agency Agreement, the Determination Agent is entitled to seek instructions from, and to rely entirely and act on the instructions received from, the Issuer and, without prejudice to Clauses 3, 7 and 8, the Determination Agent shall not be responsible for any action it takes in accordance with such instructions.
Capitalised terms used in this Determination Agency Agreement but not otherwise defined shall have the meanings given to them in the Master Definitions Schedule dated the date hereof (as amended, supplemented and/or replaced from time to time) relating to the Programme.
If the Issuer expressly instructs the Determination Agent to take any action not contemplated by this Determination Agency Agreement, the Determination Agent shall, without prejudice to Clauses 3, 7 and 8, not be responsible for any action it takes on behalf of the Issuer in accordance with such instructions and this Clause 9.9 shall apply equally in respect of any such instruction.
Each communication under this Determination Agency Agreement shall be made (other than in the case of the Trustee) electronic communication, or otherwise in writing.
Subject to Clause 12, the indemnities set out in this Clause 8 will survive the termination or expiry of this Determination Agency Agreement.
Each communication or document to be delivered to any party under this Determination Agency Agreement shall be sent to that party at the postal address (by recorded delivery or courier) or (except in the case of the Trustee) electronic address, and marked for the attention of the person (if any) from time to time designated by that party to the Determination Agent (or, in the case of the Determination Agent, by it to each other party) for the purpose of this Determination Agency Agreement.
For purposes of this Determination Agency Agreement, gross negligence shall refer to any conscious, voluntary act or omission of a party in reckless disregard of the rights or consequences to others.