Examples of New Trustees in a sentence
State Street Bank and Trust Company is acting ----------- hereunder solely in its capacity as New Trustee under the New Indenture, and all of the rights of New Trustee set forth in the New Indenture shall apply to New Trustee's actions hereunder.
It is also anticipated that the existing Governance Agreements will be amended such that the right of Teck Cominco and OTPP to nominate Trustees and Directors will become a right to nominate persons as New Trustees and as directors of Fording Corporation.
Each such New Trustees has signed a letter in the form attached as Exhibit 9.5 hereto, indicating such New Trustees agreement to resign from the board of trustees effective immediately, without further action on the part of such Trustee, if stockholder approval of the Contemplated Transactions is not received at the Stockholder Meeting.
The recourse of Unitholders who disagree with any change in the distribution policy of the New Trust is limited and could require such Unitholders to seek to replace the New Trustees.
The New Trustees will be comprised of those persons that served as Trustees immediately prior to the Effective Time.
Unitholder Meetings In each year, following completion of the Arrangement, an annual meeting of the Unitholders shall be held, at such time and place in Canada as the Trustees determine for the purpose of: (a) electing New Trustees; (b) appointing or changing the auditors of the New Trust, (c) approving nominees for election by the New Trustees as directors of Fording Corporation; and (d) transacting such other business as the New Trustees may determine or as may properly be brought before the meeting.
Without limiting the foregoing, Buyer and Merger Sub, on their own behalf and on behalf of their respective Affiliates, acknowledge and agree that they have not relied on any representations or warranties whatsoever, whether express or implied, other than the representations and warranties of the Company expressly set forth in ARTICLE V of this Agreement and the representations and warranties of Arsenal Blocker Seller expressly set forth in Section 4.02 of this Agreement.
The requisition must state in reasonable detail the business proposed to be transacted at the meeting and must be sent to each of the New Trustees and to the principal office of the New Trust.
The obligations and liabilities of the New Trustees under this Deed are for the benefit of, and may be enforced by RSL Communications, Ltd and any person to whom it may have assigned the benefit of its rights under a Put and Call Option Agreement dated [ ] March 2000 between Xx X X Xxxx (1), Xx X X Xxxxxxx (2), Xx X X Xxxxxxxx (3), Walbrook Trustees (IOM) Limited (4) and RSL Communications , Ltd in accordance with clause 17 of that Agreement.
Subject to the foregoing, if the New Trustees do not call a meeting within 21 days after receiving the requisition, any Unitholder who signed the requisition may call the meeting.