Common use of Discretion in Exercise of Powers Clause in Contracts

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage in any transaction which would: (1) Contravene any provision of this Agreement; or (2) Violate the terms and conditions of any instructions provided by writtenCertificate by the Committee.

Appears in 3 contracts

Sources: Customer Credit Trust Agreement, Trust Agreement, Customer Credit Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage in any transaction which would: (1) : Contravene any provision of this Agreement; or (2) or Violate the terms and conditions of any instructions provided by writtenCertificate written Certificate by the Committee.

Appears in 2 contracts

Sources: Customer Credit Trust Agreement, Customer Credit Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that Agreement and which the Trustee may not do any act Company requests or knowingly engage in any transaction which would: (1) Contravene any provision of this Agreement; or (2) Violate the terms and conditions of any instructions provided by writtenCertificate by the Committeeauthorizes.

Appears in 2 contracts

Sources: Tax Qualified Trust Agreement, Tax Qualified Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage participate in any transaction which would: (1) Disqualify any Qualified Fund from the application of section 468A (or any applicable successor provision) of the Code; (2) Contravene any provision of this Agreement; or (23) Violate the terms and conditions of any instructions provided by writtenCertificate by in a written statement of the CommitteeCompany.

Appears in 1 contract

Sources: Master Decommissioning Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage participate in any transaction which would: (1a) Contravene any provision of this Agreement; or (2b) Violate the terms and conditions of any instructions provided by writtenCertificate by in a written statement of the CommitteeAuthority; or (c) Knowingly and intentionally cause any Trust held hereunder not to satisfy the requirements of Applicable Law.

Appears in 1 contract

Sources: Master Decommissioning Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage in any transaction which would: (1) Contravene any provision of this Agreement; or (2) Violate the terms and conditions of any instructions provided by writtenCertificate written Certificate by the Committee.

Appears in 1 contract

Sources: Customer Credit Trust Agreement

Discretion in Exercise of Powers. To do any and all other acts which the Trustee shall deem proper to effectuate the powers specifically conferred upon it by this Agreement, provided, however, that the Trustee may not do any act or knowingly engage participate in any transaction which would: (1) a. Contravene any provision of this Agreement; or (2) b. Violate the terms and conditions of any instructions provided by writtenCertificate by in a written statement of the CommitteeCompany.

Appears in 1 contract

Sources: Site Restoration Trust Agreement