POWER OF DEBENTURE TRUSTEE TO DELEGATE. (a) The Debenture Trustee may, in the execution and exercise of all or any of the trusts, powers, authorities and discretions vested in it by this Deed act through an officer or officers for the time being of the Debenture Trustee and the Debenture Trustee may also, whenever it thinks it expedient, delegate by power of attorney or otherwise, to any such officer all or any of the trusts, powers, authorities and discretions vested in the Debenture Trustee by this Deed and the other REIT NCD Transaction Documents and any such delegation may be made upon such terms and conditions and subject to such regulations (including power to sub-delegate) as the Debenture Trustee may think fit and the Debenture Trustee shall be bound to supervise the proceedings and be responsible for any loss incurred by reason of default or any mistake, or want of prudence on the part of any such delegate or sub- delegate unless arising out of gross negligence or wilful misconduct of such delegate or sub-delegate. (b) Notwithstanding the provisions of paragraph (a) of Clause 9.5 (
Appears in 1 contract
Sources: Debenture Trust Deed
POWER OF DEBENTURE TRUSTEE TO DELEGATE. (a) The Debenture Trustee hereof being a company may, in the execution and exercise of all or any of the trusts, powers, authorities and discretions vested in it by this Deed these presents, act through by an officer or officers for the time being of the Debenture Trustee and the Debenture Trustee may also, whenever it thinks it expedient, delegate by power of attorney or otherwise, to any such officer all or any of the trusts, powers, authorities and discretions vested in the Debenture Trustee by this Deed and the other REIT NCD Transaction Documents these presents and any such delegation may be made upon such terms and conditions and subject to such regulations (including power to sub-delegate) as the Debenture Trustee may think fit and fit. Provided however that, the Debenture Trustee shall be bound to supervise the proceedings and be responsible solely liable for any loss incurred by reason negligence, fraud, breach of default or any mistake, or want of prudence on the part of any such delegate or sub- delegate unless arising out of gross negligence or wilful trust and willful misconduct of such delegate or sub-delegatethe officer to whom the Debenture Trustee has delegated its powers.
(b) Notwithstanding the provisions of paragraph (a) of Clause 9.5 (
Appears in 1 contract
Sources: Debenture Trust Deed