Appointment of Fiscal Agent Clause Samples

Appointment of Fiscal Agent. (a) Insofar as the Trustee would not otherwise satisfy the rating requirements of Section 8.06, the Trustee may appoint, at the Trustee's own expense, a Fiscal Agent for purposes of making Advances hereunder that are otherwise required to be made by the Trustee. Any Fiscal Agent shall at all times maintain a long-term unsecured debt rating of no less than "Aa3" from ▇▇▇▇▇'▇ and "AA-" from S&P (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event (as confirmed in writing to the Trustee and the Depositor by such Rating Agency)). Any Person so appointed by the Trustee pursuant to this Section 8.18(a) shall become the Fiscal Agent on the date as of which the Trustee and the Depositor have received: (i) if the long-term unsecured debt of the designated Person is not rated at least "Aa3" by ▇▇▇▇▇'▇ and "AA-" by S&P, written confirmation from each Rating Agency that the appointment of such designated Person will not result in an Adverse Rating Event; (ii) a written agreement whereby the designated Person is appointed as, and agrees to assume and perform the duties of, Fiscal Agent hereunder, executed by such designated Person and the Trustee (such agreement, the "Fiscal Agent Agreement"); and (iii) an opinion of counsel (which shall be paid for by the designated Person or the Trustee) substantially to the effect that (A) the appointment of the designated Person to serve as Fiscal Agent is in compliance with this Section 8.18, (B) the designated Person is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (C) the related Fiscal Agent Agreement has been duly authorized, executed and delivered by the designated Person and (D) upon execution and delivery of the related Fiscal Agent Agreement, the designated Person shall be bound by the terms of this Agreement and, subject to customary bankruptcy and insolvency exceptions and customary equity exceptions, that this Agreement shall be enforceable against the designated Person in accordance with its terms. Any Person that acts as Fiscal Agent shall, for so long as it so acts, be deemed a party to this Agreement for all purposes hereof. Pursuant to the related Fiscal Agent Agreement, each Fiscal Agent, if any, shall make representations and warranties with respect to itself that are comparable to those made by the Trustee pursuant to Section 8.15(a). (b) To the extent that the Trustee is required, pursuant to the...

Appointment of Fiscal Agent. Each Enron Party and each Claim Holder hereby irrevocably designates and appoints United States Trust Company of New York to act as the Fiscal Agent hereunder and under the other Fiscal Agency Documents and authorizes the Fiscal Agent to exercise such powers and perform such duties as are expressly required to be exercised or performed by the Fiscal Agent hereunder and thereunder, together with such other powers as are reasonably incidental thereto. By its signature below, United States Trust Company of New York agrees to act as Fiscal Agent on and subject to the terms and conditions set forth herein.

Appointment of Fiscal Agent. The Bank hereby appoints the Fiscal Agent, at its offices set forth in Section 27(ii) hereof, to act as fiscal agent for the Notes upon the terms and subject to the conditions set forth herein and in the Notes. The Fiscal Agent shall have the powers and authority granted to and conferred upon it herein and in the Notes, and such further powers and authority, acceptable to it, to act on behalf of the Bank. The Fiscal Agent hereby accepts such appointment.

Appointment of Fiscal Agent. U.S. Bank National Association is hereby appointed Fiscal Agent and paying agent for the Bonds and Additional Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.

Appointment of Fiscal Agent. 8.1 Lakewood shall act as the Joint Library’s fiscal agent (“Fiscal Agent”) and will have custody of all moneys collected, donated, or appropriated for the Joint Library. All public funds associated with the Joint Library shall be handled by the Fiscal Agent and not by the Library Board or a separate private agency. 8.2 The Fiscal Agent is responsible for payroll, benefit administration, insurance, processing invoice payments, financial record keeping and auditing for the Joint Library. 8.3 The Fiscal Agent, through its designated agents, shall perform the ministerial acts of paying expenditures made and approved by the Library Board under the Final Annual Budget. The Fiscal Agent’s Town Treasurer shall receive and disburse funds for the operation and maintenance of the Joint Library as directed by the Library Board and according to this Agreement and Section 43.58 of the Wisconsin Statutes. 8.4 The Fiscal Agent shall obtain an audit by an independent certified public accountant of the Joint Library’s first operating year on or before March 1st of the following year. Audits shall then be conducted every three (3) years or as deemed necessary by the Library Board. Audit reports shall be provided to the participating Towns within ten (10) days of completion. 8.5 The Fiscal Agent shall provide human resource consulting to the Library Board and Library Director on an as-needed basis. 8.6 The Fiscal Agent may make the Town Attorney available to the Library Board for legal advice on an as-needed basis. 8.7 The Fiscal Agent shall serve as the repository for the maintenance and storage of all financial records pertaining to the Library Board and Joint Library. 8.8 Costs incurred by the Fiscal Agent for providing these services, including all out- of-pocket expenses, shall be determined by the Fiscal Agent and shall be included in the Final Annual Budget. The costs of the Fiscal Agent shall be charged to the Joint Library annually. 8.9 Any replacement Fiscal Agent under this Agreement shall be one of the Four Towns.

Appointment of Fiscal Agent. The Borrower hereby irrevocably appoints Family Financial Strategies, Inc. ("FFS") as his/her fiscal agent for the purpose of receiving all notices hereunder and selecting interest rates and interest options available to the Borrower hereunder. The Bank is hereby authorized and directed to follow all instructions of FFS with respect to all matters concerning this Note and to give to FFS all notices hereunder or with respect to the Collateral, all of which shall be binding upon the Borrower. The Borrower hereby indemnifies the Bank from any liability or loss ensuing from the Bank's reliance upon such instructions and notices. The Borrower acknowledges that FFS serves in a similar role of fiscal agent for other participating family members under a Bank mortgage loan program, and that the interest rate alternatives available under this Note shall be exercised on behalf of the Borrower by FFS on a common and uniform basis for all or substantially all borrowers participating under this program.

Appointment of Fiscal Agent. The Bank of New York Mellon Trust Company, N.A., at its corporate trust office in Los Angeles, California is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.

Appointment of Fiscal Agent. Section 8.14 Filings with the Securities and Exchange Commission..........

Appointment of Fiscal Agent. (a) The Bank hereby appoints U.S. Bank Trust Company, National Association as the Fiscal Agent to act, upon the terms and subject to the conditions set forth herein, as fiscal agent for the Notes, and in such capacity as fiscal agent shall act as transfer agent, paying agent, authenticating agent and registrar, and to perform such other obligations and duties imposed upon the Fiscal Agent by the Notes and hereby, and the Fiscal Agent hereby accepts such appointment. The Fiscal Agent shall have the powers and authority granted to and conferred upon it in the Notes and under this Agreement and in addition shall have such further powers and authority to act on behalf of the Bank as may be mutually agreed upon in writing by the Bank and the Fiscal Agent. All of the terms and provisions with respect to such powers and authority contained in the Notes are subject to and governed by the terms and provisions hereof. (b) The Bank has been appointed Calculation Agent, for the purpose of calculating any variable interest rates or other basis for determining the payment of interest, premium (if any) or principal with respect to the Notes from time to time. Notwithstanding the foregoing, the Bank may appoint a different Calculation Agent for the Notes (which may be an affiliate of the Bank, the Initial Purchasers or an affiliate thereof).