Examples of Existing Trust in a sentence
Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with AFC, the Seller, the Issuer, AmeriCredit, the Servicer, the Existing Trust, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, or the Trustee as though such Agent were not an agent hereunder.
The Existing Trust and the New Trust hereby agree that the federal tax returns for the tax year ended December 31, 2008, consistent with a reorganization pursuant to Section 368(a)(1)(F) of the Code, will be a single return based on the operations of the Acquired Fund from January 1, 2008 through the Exchange Date and the operations of the Acquiring Fund from the Exchange Date through December 31, 2008.
Except as expressly amended by this Base Amendment No. 1, the Existing Trust Agreements remain in full force and effect in accordance with each of their terms and are hereby in all respects ratified and confirmed.
The Existing Trust, on behalf of the Acquired Fund, shall call a meeting of the Acquired Fund's shareholders to take place after the effective date of the Registration Statement for the purpose of considering the approval of this Agreement.
Each of the Acquired Fund and the Acquiring Fund represents that there is no person who has dealt with it or the Existing Trust or the New Trust, respectively, who, by reason of such dealings, is entitled to any broker's or finder's or other similar fee or commission payable by either the Existing Trust or the New Trust arising out of the transactions contemplated by this Agreement.
The Acquired Fund and the Acquiring Fund may, by mutual consent of a majority of the trustees of Existing Trust and a majority of the trustees of New Trust terminate this Agreement, and the Acquired Fund or the Acquiring Fund, after consultation with counsel and by consent of its Trustees or an officer authorized by such Trustees, may waive any condition to its respective obligations hereunder.
All references to the Trust Agreement in each of the Existing Trust Agreements, any Trust Certificate or in any other document executed or delivered in connection therewith, shall, from the date hereof, be deemed a reference to the relevant Trust Agreement as amended hereby, unless the context requires otherwise.
The New Trust Indemnified Parties will notify the Existing Trust and the Acquired Fund in writing within ten days after the receipt by any one or more of the New Trust Indemnified Parties of any notice of legal process or any suit brought against or claim made against such New Trust Indemnified Party as to any matters covered by this Section 12(a).
The Securities will constitute subordinated indebtedness of the Issuer within the meaning of the Bank Act (Canada) and, in the event of the insolvency or winding up of the Issuer, the indebtedness evidenced by the Securities ranks equally with and not prior to any debentures issued under the Existing Trust Indentures.
Upon the execution and delivery of this Agreement and the issuance of the DCMOT Certificate to DCWR on the Effective Date as hereinafter provided, DCWR shall continue to be the Beneficiary of the Trust, and the "Ownership Interest" (under and as defined in the Existing Trust Agreement) previously held by DCWR shall be deemed cancelled and terminated.