Common use of Change of Representative Clause in Contracts

Change of Representative. 34.1 If there is any change in the identity of the Representative in accordance with the Representative and Agency Agreement, Arion, the Fund and the Management Company shall execute such documents and take such action as the successor Representative and the outgoing Representative may reasonably require for the purpose of vesting in the successor Representative the rights of the outgoing Representative under this Deed. 34.2 It is hereby acknowledged and agreed that by its execution of this Deed the Representative shall not assume or have any obligations or liabilities under this Deed to any other party to this Deed notwithstanding any provision herein and that the Representative has agreed to become a party to this Deed for the purpose only of taking the benefit of this Deed and agreeing to amendments to this Deed pursuant to Clause 27. It is further acknowledged and agreed that the Representative shall not at any time assume any obligations of the Management Company under this Deed or under the Articles of Association of the Fund. For the avoidance of doubt, the parties to this Deed acknowledge that the rights and powers of the Representative are governed by the Representative and Agency Agreement. Any liberty or right which may be exercised or determination which may be made under this Deed by the Representative may be exercised or made in the Representative's absolute discretion without any obligation to give reasons therefor and the Representative shall not be responsible for any liability occasioned by so acting but subject always to the provisions of Clause 12.6 of the Representative and Agency Agreement.

Appears in 1 contract

Sources: Asset Monitor Agreement

Change of Representative. 34.1 (a) If there is any change in the identity of the Representative in accordance with the Representative and Agency Agreement, Arionthe Account Bank, the Fund Cash Manager and the Management Company Fund shall execute such documents and take such action as the successor Representative and the outgoing Representative may reasonably require for the purpose of vesting in the successor Representative the rights and powers of the outgoing Representative under this DeedAgreement. 34.2 (b) It is hereby acknowledged and agreed that by its execution of this Deed Agreement, the Representative shall not assume or have any obligations or liabilities to the Account Bank, the GIC Provider, the Cash Manager or the Fund under this Deed to any other party to this Deed Agreement notwithstanding any provision herein and that the Representative has agreed to become a party to this Deed Agreement for the purpose only of taking the benefit of this Deed Agreement and agreeing to amendments to this Deed Agreement pursuant to Clause 27. It is further acknowledged and agreed that the Representative shall not at any time assume any obligations of the Management Company under this Deed or under the Articles of Association of the Fund19. For the avoidance of doubt, the parties to this Deed Agreement acknowledge that the rights and powers of the Representative are governed by the Representative and Agency Agreement. Any liberty or right which may be exercised or determination which may be made under this Deed Agreement by the Representative may be exercised or made in the Representative's absolute discretion without any obligation to give reasons therefor and the Representative shall not be responsible for any liability occasioned by so acting but subject always to the provisions of Clause 12.6 of the Representative and Agency Agreement.

Appears in 1 contract

Sources: Bank Account Agreement

Change of Representative. 34.1 17.1 If there is any change in the identity of the Representative in accordance with the Representative and Agency Agreement, Arion, the Seller and the Fund and the Management Company shall execute such documents and take such action as the successor Representative and the outgoing Representative may reasonably require for the purpose of vesting in the successor Representative the rights and powers of the outgoing Representative under this Deed▇▇▇▇▇▇▇▇▇. 34.2 It 17.2 Notwithstanding any provision herein, it is hereby acknowledged and agreed that by its execution of this Deed Agreement the Representative shall not assume or have any obligations or liabilities under this Deed to any other party to this Deed notwithstanding any provision herein the Seller or the Fund hereunder and that the Representative has agreed to become a party to this Deed Agreement for the purpose only of taking the benefit of this Deed and agreeing to amendments to this Deed pursuant to Clause 27Agreement. It is further acknowledged and agreed that the Representative shall not at any time assume any obligations of the Management Company under this Deed Agreement or under the Articles of Association of the Fund. For the avoidance of doubt, the parties to this Deed Agreement acknowledge that the rights and powers of the Representative are governed by the Representative and Agency Agreement. Any liberty or right which may be exercised exercised, or determination which may be made made, under this Deed Agreement by the Representative may be exercised or made in the Representative's absolute discretion without any obligation to give reasons therefor and the Representative shall not be responsible for any liability occasioned by so acting but subject always to the provisions of Clause 12.6 of the Representative and Agency Agreement.

Appears in 1 contract

Sources: Mortgage Sale Agreement