Examples of TRUSTEE DEFAULT in a sentence
If, in accordance with the Master Security Trust Deed, the Security Trustee voluntarily retires, mandatorily retires (other than pursuant to a notice given in the circumstances outlined under “Mandatory retirement on request” above) or is removed due to a Security Trustee Default, the costs of the retirement or removal (as applicable) and replacement of the Security Trustee will be borne by the Security Trustee.
The Issuer has agreed to pay such amounts within 5 Business Days of demand from the Security Trustee, however such amounts are not payable to the extent they are a result of a Security Trustee Default.
Removal for Security Trustee Default If a Security Trustee Default occurs, the Trust Manager (acting on the instructions of the Sub-Trust Manager) may by written notice to the Security Trustee remove the Security Trustee from office as security trustee of the Security Trust provided that it gives 5 Business Days prior written notice of the proposed termination and appoints a successor Security Trustee.
Removal for Security Trustee DefaultIf a Security Trustee Default occurs, the Trust Manager (acting on the instructions of the Sub-Trust Manager) may by written notice to the Security Trustee remove the Security Trustee from office as security trustee of the Security Trust provided that it gives 5 Business Days prior written notice of the proposed termination and appoints a successor Security Trustee.
No attorney, agent or other person appointed in accordance with this deed or any other Transaction Document has authority to act on behalf of the Trustee in a way which exposes the Trustee to any personal liability, and no act or omission of such a person will be considered a Trustee Default for the purposes of paragraph (f).
The restrictions in paragraphs (c) and (d) do not apply to any Trustee Liability to the extent to which there is, whether under this deed or by operation of law, a reduction in the extent of the Trustee's indemnification, or in respect of which the Trustee is not entitled to be indemnified, out of the property of the Trust Fund, as a result of a Trustee Default.
The Trustee and Authority hereby waive: (i) all Defaults; and (ii) all defaults or Events of Defaults caused by the Company under the Program Documents up through the effective date hereof, not identified in the Trustee Default Notice or Authority Default Notice (the “Authority Waiver”).
No attorney, agent or other person appointed in accordance with this deed or any other Transaction Document has authority to act on behalf of the Trustee in a way which exposes the Trustee to any personal liability, and no act or omission of such a person will be considered a Trustee Default for the purposes of paragraph (e).
The restrictions in paragraphs (b), (c) and (d) do not apply to any Trustee Liability to the extent to which there is, whether under this deed or by operation of law, a reduction in the extent of the Trustee's indemnification, or in respect of which the Trustee is not entitled to be indemnified, out of the property of the Trust Fund, as a result of a Trustee Default.
Trustee Default means, in respect of the Trustee, fraud, gross negligence, wilful default or breach of section 283DA(a), (b) or (c) of the Corporations Act provided that no act or omission of the Trustee (including any related failure to comply with its obligations or breach of a representation or warranty under this Trust Deed) will be considered a Trustee Default to the extent to which the act or omission was caused by any failure by Suncorp to comply with its obligations under this Trust Deed or at law.