Epstein Files Search

EFTA01365448Dataset 10

1p560w

…The Trustee may at any time terminate the agency of any Authenticating Agent by giving written notice of termination to such Authenticating Agent and the Issuer. Upon receiving such notice of resignation or upon such a termination, the Trustee shall promptly appoint a successor Authenticating Agent and shall give written notice of such appointment to each of the Co-Issuers. (d) Each Authenticating Agent is entitled to reasonable compensation for its services and reimbursement for its reasonable expenses relating thereto…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365448.pdf

EFTA01376216Dataset 10

1p559w

…The Trustee may at any time terminate the agency of any Authenticating Agent by giving written notice of termination to such Authenticating Agent and the Issuer. Upon receiving such notice of resignation or upon such a termination, the Trustee shall promptly appoint a successor Authenticating Agent and shall give written notice of such appointment to each of the Co-Issuers. (d) Each Authenticating Agent is entitled to reasonable compensation for its services and reimbursement for its reasonable expenses relating thereto…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376216.pdf

EFTA01365411Dataset 10

1p536w

Agent, upon Issuer Order, shall authenticate and deliver such Securities as provided in this Indenture. (d) Each Security authenticated and delivered by the Trustee or the Authenticating Agent upon Issuer Order on the Closing Date shall be dated the Closing Date. MI other Securities that are authenticated after the Closing Date for any other purpose under this Indenture shall be dated the date of their authentication. (e) Securities issued upon transfer, exchange or replacement of other Securities shall be issued…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365411.pdf

EFTA01376187Dataset 10

1p535w

Agent, upon Issuer Order, shall authenticate and deliver such Securities as provided in this Indenture. (d) Each Security authenticated and delivered by the Trustee or the Authenticating Agent upon Issuer Order on the Closing Date shall be dated the Closing Date. MI other Securities that are authenticated after the Closing Date for any other purpose under this Indenture shall be dated the date of their authentication. (e) Securities issued upon transfer, exchange or replacement of other Securities shall be issued…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376187.pdf

EFTA01376215Dataset 10

1p514w

… Authenticating Agents. (a) Upon the request of either of the Co-Issuers, the Trustee shall, and if the Trustee so chooses, the Trustee may, appoint one or more Authenticating Agents with power to act on its behalf and subject to its direction in the authentication of Securities in connection with issuance, transfers and exchanges under Article II, as fully to all intents and purposes as though each such Authenticating Agent had been expressly authorized by those Sections to authenticate such…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376215.pdf

EFTA01365447Dataset 10

1p515w

… Authenticating Agents. (a) Upon the request of either of the Co-Issuers, the Trustee shall, and if the Trustee so chooses, the Trustee may, appoint one or more Authenticating Agents with power to act on its behalf and subject to its direction in the authentication of Securities in connection with issuance, transfers and exchanges under Article II, as fully to all intents and purposes as though each such Authenticating Agent had been expressly authorized by those Sections to authenticate such…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365447.pdf

EFTA01376185Dataset 10

1p643w

…lettered or otherwise distinguished in such manner as may be consistent herewith, determined by the Authorized Officers of the Applicable Issuer executing such Securities as evidenced by their execution of such Securities. (g) Securities of each Class shall be duly executed by the Applicable Issuer and authenticated by the Trustee or the Authenticating Agent as hereinafter provided. Securities sold to QIBs/QPs in reliance on Rule 144A may be initially issued in the form ofDefinitive Securities and with the Applicable…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376185.pdf

EFTA01365666Dataset 10

1996-04-301p588w

…the Investment Company Act, ERISA or the Code. Upon provision of such satisfactory evidence, the Trustee or its Authenticating Agent, at the written direction of the Applicable Issuers shall, after due execution by the Applicable Issuers authenticate and deliver Securities that do not bear such applicable legend. (i) Each initial investor in and subsequent transferee of a Rule 144A Global Note or beneficial interest therein will be deemed to have represented and agreed as follows; (i) It (A) is a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365666.pdf

EFTA01376426Dataset 10

1p582w

…as fully to all intents and purposes as though each such Authenticating Agent had been expressly authorized by such Sections to authenticate such Securities. The Trustee shall provide written notice of such appointment to the Co-Issuers (with a copy to the Collateral Manager). For all purposes of this Indenture, the authentication of Securities by an Authenticating Agent pursuant to this Section 6.14 shall be deemed to be the authentication of Securities "by the Trustee." 114 CONFIDENTIAL - PURSUANT TO…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376426.pdf

EFTA01376404Dataset 10

1996-04-301p587w

…the Investment Company Act, ERISA or the Code. Upon provision of such satisfactory evidence, the Trustee or its Authenticating Agent, at the written direction of the Applicable Issuers shall, after due execution by the Applicable Issuers authenticate and deliver Securities that do not bear such applicable legend. (i) Each initial investor in and subsequent transferee of a Rule 144A Global Note or beneficial interest therein will be deemed to have represented and agreed as follows; (i) It (A) is a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376404.pdf

EFTA01376200Dataset 10

1p541w

… (vii) authentication orders consistent with Section 2.3; and (viii) copies of the certificates representing the Preferred Shares. (b) The Trustee or the Authenticating Agent shall not authenticate and deliver the Additional Securities to be issued on the Additional Securities Closing Date unless the Trustee receives the following on the Additional Securities Closing Date: (i) with respect to each of the Co-Issuers, an Officer's certificate (A) evidencing the authorization by Board Resolution of the execution and delivery of…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376200.pdf

EFTA01365410Dataset 10

1p644w

…lettered or otherwise distinguished in such manner as may be consistent herewith, determined by the Authorized Officers of the Applicable Issuer executing such Securities as evidenced by their execution of such Securities. (g) Securities of each Class shall be duly executed by the Applicable Issuer and authenticated by the Trustee or the Authenticating Agent as hereinafter provided. Securities sold to QIBs/QPs in reliance on Rule 144A may be initially issued in the form ofDefinitive Securities and with the Applicable…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365410.pdf

EFTA01376186Dataset 10

1p554w

…hold such offices prior to the authentication and delivery of such Security or did not hold such offices at the date of issuance of such Security. (c) At any time and from time to time after the execution and delivery of this Indenture, either Applicable Issuer may deliver Securities executed by each Applicable Issuer to the Trustee or the Authenticating Agent for authentication and the Trustee or the Authenticating 61 ING IM CLO 2011-1 CONFIDENTIAL - PURSUANT TO FED. R…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376186.pdf

EFTA01365427Dataset 10

1p542w

… (vii) authentication orders consistent with Section 2.3; and (viii) copies of the certificates representing the Preferred Shares. (b) The Trustee or the Authenticating Agent shall not authenticate and deliver the Additional Securities to be issued on the Additional Securities Closing Date unless the Trustee receives the following on the Additional Securities Closing Date: (i) with respect to each of the Co-Issuers, an Officer's certificate (A) evidencing the authorization by Board Resolution of the execution and delivery of…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365427.pdf

EFTA01376367Dataset 10

1p483w

"Authenticating Agent": With respect to the Securities or a Class of Securities, the Person designated by the Trustee to authenticate such Securities on behalf of the Trustee pursuant to Section 6.14 hereof. "Authorized Denomination": The meaning specified in Section 2.3. "Authorized Officer": With respect to the Issuer or the Co-Issuer, any Officer or any other Person who is authorized to act for the Issuer or the Co-Issuer, as applicable, in matters relating to, and binding upon…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376367.pdf

EFTA01376157Dataset 10

1p481w

"Assumed Reinvestment Rate": With respect to any Account or fund securing the Notes, the greater of (i) 0.00% and (ii) LIBOR minus 0.25% per annum. "Authenticating Agent": With respect to the Securities, the Person designated by the Trustee to authenticate such Securities on behalf of the Trustee pursuant to Section 6.4 hereof. "Authorized Denomination": A minimum denomination (based on the initial principal amount) set forth on the table below and integral multiples of U.S.$1.00…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376157.pdf

EFTA01365371Dataset 10

1p482w

"Assumed Reinvestment Rate": With respect to any Account or fund securing the Notes, the greater of (i) 0.00% and (ii) LIBOR minus 0.25% per annum. "Authenticating Agent": With respect to the Securities, the Person designated by the Trustee to authenticate such Securities on behalf of the Trustee pursuant to Section 6.4 hereof. "Authorized Denomination": A minimum denomination (based on the initial principal amount) set forth on the table below and integral multiples of U.S.$1.00…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365371.pdf

EFTA01365363Dataset 10

1p338w

…Section 5.18. Action on the Securities 106 ARTICLE VI THE TRUSTEE Section 6.1. Certain Duties and Responsibilities 107 Section 6.2. Notice of Default or Acceleration 108 Section 6.3. Certain Rights of Trustee 108 Section 6.4. Authenticating Agents 111 Section 6.5. Not Responsible for Recitals or Issuance of Securities 112 Section 6.6. May Hold Securities 112 Section 6.7. Funds Held in Trust 112 Section 6.8. Compensation and Reimbursement 113 Section 6.9. …

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365363.pdf

EFTA01376159Dataset 10

2011-06-221p351w

…authenticated by the Trustee or any Authenticating Agent and designated as a Class D Note pursuant to this Indenture. "Class D Overcollateralization Test": A test satisfied as of any Measurement Date if the Overcollateralization Ratio calculated for the Rated Notes as the Applicable Notes is at least 104.0%. "Clearing Agency": An organization registered as a "clearing agency" pursuant to Section 17A of the Exchange Act. "Clearing Corporation": Any entity included within the meaning of "clearing corporation" under the UCC…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376159.pdf

EFTA01365675Dataset 10

1p561w

…but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. Section 6.12 Co-Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Co…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365675.pdf