HomeMy WebLinkAbout0037 ~
1:9
~
i
Section 9.10. ADVANCEMENT OF MONEYS. All sums at ?
any time advanced by the Trustee from its own funds shall ~ #
bear interest at the rate of ten per centum (10$) per annum '
from the date of such advance-until the Trustee is repaid
therefor, and the Trustee shall be entitled to be paid the
amount of such interest by the Company upon demand and, if
not paid by the Company, the Trustee shall have a preference -
for the payment to it of such interest over any of the Bonds
or coupons and shall be paid the amount thereof out of the
trust estate. '
Section 9.11. RETENTION OF DOCUMENTS. The Trustee {
shall retain all documents furnished by the Issuer and the ~
Company in accordance with this Agreement so long as any
of the Bonds shall be outstanding.
Section 9.12. TRUSTEE HAS FIRST LIEN; COMPENSATION;
INDEMNIFICATION; REIMBURSEMENT BY COMPANY. The Trustee shall
have a first lien on the trust estate with right of payment
prior to payment on account of interest or principal of any
Bonds or Concurrent Parity Bonds, for reasonable compensation,
expenses, advances and counsel fees incurred in and about
the execution of the trusts hereby created and the exercise
and performance of the powers and duties of the Trustee hereunder
and the cost and expense incurred in defending against any
liability in the premises of any character whatsoever (unless
such liability is adj~dicated to have resulted from the negligence
or willful default of the Trustee). The Company hereby covenants
and agrees to pay all advances, counsel fees and other expenses
reasonably made or incurred by the Trustee in and about the
execution of the trust hereby created and to reimburse the ;
Trustee therefor if such expenses are paid by it. The Company
agrees to pay the mrustee reasonable compensation for its
services in the premises. The compensation of the Trustee
shall not be limited to or by any provision of law in regard
to the compensation of trustees of an express trust. The
~ Company also agrees to indemnify the Trustee for, and to hold
~ the Trustee harmless against, any loss, liability or expense
incurred by the Trustee arising out of- or in connection with
~ the acceptance and administration of this trust, including ;
~ reasonable cost and expenses of defending against claims of ~
liability in the premises. The obligations of the Company t
under this Agreement to reimburse, compensate and indemnify
the Trustee shall be secured by the Mortgage and any security
agreements created pursuant hereto and shall be paid even
though the Trustee shall resign, be removed or become incapable
of serving as provided hereinafter.
Section 9.13. TRUSTEE MAY A^QUIRE 30NDS. The Trustee
and its officers and directors may acquire and hold, or become
the pledgee of, any of the Bonds and coupons and otherwise
deal with the Company in the same manner and to the same extent
and with like effect as though it were not Trustee hereunder. _
~
~ Section 9.14. SUCCESSOR TRUSTEE. Any corporation or
~ association into which the Trustee may be converted or merged,
~ or with which it may be consolidated, or to which it may sell
~ or transfer its trust business and assets as a whole or sub-
stantially as a whole, or any corporation or association
resu~ting from any such conversion, sale, merger, consolidation
or transfer to which it is a party, ipso facto, shall be and
~
~
3 5 b00N ~ PACE • ` i
~
i
_ --s