CONDITIONS OF APPOINTMENT. The Calculation Agent and the Issuer agree that its appointment will be subject to the following conditions: (i) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Notes or any interest therein; (ii) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative of the Issuer; (iii) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate Notes; (iv) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and (v) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Global Dealer Agreement (Simon Property Group L P /De/)
CONDITIONS OF APPOINTMENT. The Calculation Agent Agent, the Guarantor and the Issuer agree that its appointment will be subject to the following conditions:
(ia) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iib) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiic) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate NotesAgreement;
(ivd) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(ve) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Dealer Agreement (DXC Technology Co)
CONDITIONS OF APPOINTMENT. The Calculation Agent and the Issuer agree that its the Calculation Agent's appointment will be subject to the following conditions:
(ia) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Index Linked Notes or any interest therein;
(iib) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiic) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest redemption calculation relating to the Floating Rate Relevant Index Linked Notes;
(ivd) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Index Linked Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(ve) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Index Linked Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Index Linked Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
CONDITIONS OF APPOINTMENT. The Calculation Agent Agent, and the Issuer agree that its appointment will be subject to the following conditions:
(i) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Index Linked Notes or any interest therein;
(ii) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iii) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest redemption calculation relating to the Floating Rate Relevant Index Linked Notes;
(iv) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Index Linked Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(v) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Index Linked Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Index Linked Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Dealer Agreement
CONDITIONS OF APPOINTMENT. 6.1 The Calculation Agent and the Issuer agree that its appointment will be subject to the following conditions:
(iA) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iiB) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiiC) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate NotesAgreement;
(ivD) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(vE) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
CONDITIONS OF APPOINTMENT. The Calculation Agent and the Issuer agree that its the appointment of the Calculation Agent will be subject to the following conditions:
(ia) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iib) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiic) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate Relevant Notes;
(ivd) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(ve) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Dealer Agreement
CONDITIONS OF APPOINTMENT. The Calculation Agent Agent[, the Guarantor] and the Issuer agree that its appointment will be subject to the following conditions:
(ia) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iib) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiic) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate NotesAgreement;
(ivd) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(ve) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
Sources: Dealer Agreement
CONDITIONS OF APPOINTMENT. 6.1 The Calculation Agent Agent, the Guarantor and the Issuer agree that its appointment will be subject to the following conditions:
(iA) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iiB) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiiC) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate NotesAgreement;
(ivD) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(vE) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract
CONDITIONS OF APPOINTMENT. The Calculation Agent Agent, CSC and the Issuer agree that its appointment will be subject to the following conditions:
(ia) in acting under this Agreement, the Calculation Agent shall act as an independent expert and shall not assume any obligations towards or relationship of agency or trust for the Issuer or the owner or holder of any of the Floating Rate Relevant Notes or any interest therein;
(iib) unless otherwise specifically provided in this Agreement, any order, certificate, notice, request, direction or other communication from the Issuer made or given under any provision of this Agreement shall be sufficient if signed or purported to be signed by a duly authorised representative employee of the Issuer;
(iiic) the Calculation Agent shall be obliged to perform only those duties which are set out in this Agreement and in the interest calculation relating to the Floating Rate NotesAgreement;
(ivd) the Calculation Agent and its officers and employees, in its individual or any other capacity, may become the owner of, or acquire any interest in, any Floating Rate Relevant Notes with the same rights that the Calculation Agent would have if it were not the Calculation Agent hereunder; and
(ve) all calculations and determinations made pursuant to this Agreement by the Calculation Agent shall (save in the case of manifest error) be binding on the Issuer, [the Guarantor,] the Calculation Agent and (if other than the Calculation Agent) the holder(s) of the Floating Rate Relevant Notes and no liability to such holder(s) shall attach to the Calculation Agent in connection with the exercise by the Calculation Agent of its powers, duties or discretion under or in respect of the Floating Rate Relevant Notes in accordance with the provisions of this Agreement.
Appears in 1 contract