Common use of Trustee warranties Clause in Contracts

Trustee warranties. The Trustee represents and warrants that: (a) (power) it has power as trustee of the Trust to execute this document and any documents created under or in connection with this document and to carry out the transactions that this document contemplates; (b) (due performance) in executing this document and any documents created under or in connection with this document and in carrying out the transactions that this document contemplates, the Trustee and its representatives have properly performed their obligations to the beneficiaries of the Trust; (c) (Trust action taken) all necessary action to authorise the execution and delivery of, and compliance with all the Developer’s obligations under, this document has been taken; (d) (sole Trustee) the Trustee is the only trustee of the Trust; (e) (no removal of Trustee) no action has been taken to remove the Trustee as trustee of the Trust or to appoint an additional trustee of the Trust. (f) (no default) the Trustee has not defaulted in the performance of its obligations as trustee of the Trust; (g) (Trust duly constituted) the Trust is duly constituted and is not void, voidable or otherwise unenforceable; (h) (capacity) the Trustee is duly incorporated in accordance with the laws of its place of incorporation, validly exists under those laws and has the capacity to ▇▇▇ and be sued in its own name, to own property and to act as trustee of the Trust; and (i) (solvency) the Trustee is not insolvent.

Trustee warranties. The Trustee represents and warrants that: (a) (power) it has power as trustee true and complete copies of the Constitution, the Trust Deed and the Custodian Agreement have been supplied to execute the Council's solicitors prior to the date of this document and any documents created under or in connection with this document and to carry out the transactions that this document contemplatesAgreement; (b) (due performance) in executing this document the Trust is validly created and any documents created under or in connection with this document subsisting and in carrying out the transactions that this document contemplates, the Trustee no circumstances exist pursuant to which it may be determined and its representatives have properly performed their obligations to the beneficiaries no date of the Trustvesting of any of the Trust fund has been appointed other than as may be set out in the Constitution as at the date of this Agreement; (c) (Trust action taken) all necessary action the Trustee is validly appointed as the sole trustee of the Trust, is not aware of any breach of its obligations as trustee and is not aware of any circumstances which exist pursuant to authorise which it may be removed as at the execution and delivery of, and compliance with all the Developer’s obligations under, date of this document has been takenAgreement; (d) (sole Trustee) the Trustee this Agreement is the only trustee duly executed and granted pursuant to and in proper exercise of the Trust; (e) (no removal powers of Trustee) no action has been taken to remove the Trustee as trustee of the Trust or to appoint an additional trustee of and all formalities required by the Trust.Constitution in connection with this Agreement have been complied with; (fe) (no default) the Trustee has not defaulted in the execution and performance of its obligations as trustee this Agreement is for a proper purpose of and is intended to provide commercial benefit to the Trust; (f) subject to the limitation of liability in clause 32, the Owner is entitled to be fully indemnified out of the assets of the Trust in respect of its liability under this Agreement; (g) (Trust duly constituted) the Trust Owner is duly constituted and is not voidthe legal owner of the assets of the Trust, voidable or otherwise unenforceablewhich includes the land, as at the date of this Agreement ; (h) (capacity) the Trustee Trust has not been terminated and no action is duly incorporated in accordance with pending to terminate the laws Trust as at the date of its place of incorporation, validly exists under those laws and has the capacity to ▇▇▇ and be sued in its own name, to own property and to act as trustee of the Trustthis Agreement; and (i) (solvency) no liquidation of the Trustee is not insolventTrust has occurred, as at the date of this Agreement.

Trustee warranties. The Trustee represents and warrants that: (a) (power) it has power as trustee of the Trust to execute this document and any documents created under or in connection with this document and to carry out the transactions that this document contemplates; (b) (due performance) in executing this document and any documents created under or in connection with this document and in carrying out the transactions that this document contemplates, the Trustee and its representatives have properly performed their obligations to the beneficiaries of the Trust; (c) (Trust action taken) all necessary action to authorise the execution and delivery of, and compliance with all the Developer’s obligations under, this document has been taken; (d) (sole Trustee) the Trustee is the only trustee of the Trust; (e) (no removal of Trustee) no action has been taken to remove the Trustee as trustee of the Trust or to appoint an additional trustee of the Trust. (f) (no default) the Trustee has not defaulted in the performance of its obligations as trustee of the Trust; (g) (Trust duly constituted) the Trust is duly constituted and is not void, voidable or otherwise unenforceable; (h) (capacity) the Trustee is duly incorporated in accordance with the laws of its place of incorporation, validly exists under those laws and has the capacity to ▇▇▇ sue and be sued in its own name, to own property and to act as trustee of the Trust; and (i) (solvency) the Trustee is not insolvent.