Agent as Trustee. (a) If the Agent enters into this Agreement as trustee of a Trust, then this clause 34.14 applies. (b) The Agent and the Directors acknowledge that the Agent enters into this Agreement both in its individual capacity and in its capacity as trustee of the Trust. All agreements, warranties and obligations of the Agent in this Agreement bind the Agent in its individual capacity and in its capacity as trustee of the Trust. (c) The Agent represents and warrants that the entry into this Agreement is not a breach of the terms of the trust deed of the Trust and that the Agent has entered into this Agreement for the benefit of the Trust’s beneficiaries. (d) The Agent must obtain the Bank’s consent in writing before ceasing to be trustee of the Trust or allowing anyone else to be appointed as trustee. (e) The Agent must obtain the Bank's consent in writing to any change in unitholders if the trust is a unit trust.
Appears in 1 contract
Sources: Agency Agreement
Agent as Trustee. (a) If the Agent enters into this Agreement as trustee of a Trust, then this clause 34.14 applies33.13applies.
(b) The Agent and the Directors Director acknowledge that the Agent enters into this Agreement both in its individual capacity and in its capacity as trustee of the Trust. All agreements, warranties and obligations of the Agent in this Agreement bind the Agent in its individual capacity and in its capacity as trustee of the Trust.
(c) The Agent represents and warrants that the entry into this Agreement is not a breach of the terms of the trust deed of the Trust and that the Agent has entered into this Agreement for the benefit of the Trust’s beneficiaries.
(d) . The Agent must obtain the Bank’s consent in writing before ceasing to be trustee of the Trust or allowing anyone else to be appointed as trustee.
(ed) The Agent must obtain the Bank's consent in writing to any change in unitholders if the trust is a unit trust.
Appears in 1 contract
Sources: Agency Agreement