Common use of Trustee warranties Clause in Contracts

Trustee warranties. 12.1 If you have entered into the agreement as trustee of a trust (“Trust”), you: (a) enter into the agreement personally and in your capacity as trustee; and (b) warrant that: (i) the Trust is validly constituted, and no steps have been taken to terminate the Trust; (ii) you were properly appointed as trustee of the Trust and that you are the sole trustee of the Trust; (iii) you have the power (and have obtained all authorisations necessary) to enter into the agreement, comply with your obligations under the agreement and allow the agreement to be enforced; (iv) you and your directors and other officers have complied with your obligations in connection with the Trust; (v) you have a right to be fully indemnified out of the Trust property in respect of your obligations and liabilities incurred under the agreement; and (vi) the Trust property is sufficient to satisfy your right of indemnity in relation to your obligations under the agreement in full, and all other obligations in respect of which you have a right to be indemnified out of Trust property, and you have not released or disposed of your equitable lien over the assets of the Trust.