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
EFTA01376220Dataset 10
1p629w
…rights, powers, duties and obligations shall be exercised and performed by a co-trustee; (c) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Issuer evidenced by an Issuer Order, may accept the resignation of or remove any co-trustee appointed under this Section 6.13, and in case an Event of Default has occurred and is continuing, the Trustee shall have the power to accept the resignation of, or remove…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376220.pdf
EFTA01365477Dataset 10
1p563w
…international reputation for purposes of preparing and delivering the reports or certificates of such accountants required by this Indenture. Upon any resignation by or removal of such firm, the Investment Manager (on behalf of the Issuer) shall promptly appoint, by Issuer Order delivered to the Trustee, the Administrator and each Rating Agency, a successor thereto that shall also be a firm of Independent accountants of recognized international reputation. If no successor has been appointed within 30 days after such resignation…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365477.pdf
EFTA01365445Dataset 10
1p621w
…consent, order, note or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties; (b) any request or direction of the Issuer mentioned herein shall be sufficiently evidenced by an Issuer Request or Issuer Order, as the case may be; (c) whenever in the administration of this Indenture the Trustee shall (i) deem it desirable that a matter be proved or established prior to taking, suffering…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365445.pdf
EFTA01376440Dataset 10
1p526w
…with this Indenture, the applicable Synthetic Security and applicable law. (iii) Upon the occurrence of a credit event or an event of default or termination event under the terms of the related Synthetic Security, amounts and property credited to a Synthetic Security Counterparty Account shall be withdrawn at the direction of the Synthetic Security Counterparty under the terms of the Synthetic Security or by the Trustee upon Issuer Order, as applicable under the terms of the Synthetic Security, and applied…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376440.pdf
EFTA01376214Dataset 10
1p620w
…consent, order, note or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties; (b) any request or direction of the Issuer mentioned herein shall be sufficiently evidenced by an Issuer Request or Issuer Order, as the case may be; (c) whenever in the administration of this Indenture the Trustee shall (i) deem it desirable that a matter be proved or established prior to taking, suffering…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376214.pdf
EFTA01365458Dataset 10
1p494w
…as collateral "all assets in which the Issuer now or hereafter has rights" and (ii) any other Financing Statement, continuation statement or other instrument, as such may be required pursuant to an Issuer Order; provided that such appointment shall not impose upon the Trustee any of the Issuer's obligations under this Section 7.5. The Issuer will register this Indenture in its Register of Mortgages and Charges. (b) The Trustee shall not, except in accordance with Sections 10.7…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365458.pdf
EFTA01376444Dataset 10
1p615w
…than 30 days) to all such Persons. Section 10.7 Release of Collateral. (a) If no Event of Default has occurred and is continuing, the Issuer may, by Issuer Order executed by an Authorized Officer of the Collateral Manager, acting as agent on behalf of the Issuer, delivered to the Trustee at least two Business Days prior to the settlement date for any sale of a Pledged Obligation certifying that the sale of such Pledged Obligation is being made in…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376444.pdf
EFTA01376222Dataset 10
1p493w
…as collateral "all assets in which the Issuer now or hereafter has rights" and (ii) any other Financing Statement, continuation statement or other instrument, as such may be required pursuant to an Issuer Order; provided that such appointment shall not impose upon the Trustee any of the Issuer's obligations under this Section 7.5. The Issuer will register this Indenture in its Register of Mortgages and Charges. (b) The Trustee shall not, except in accordance with Sections 10.7…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376222.pdf
EFTA01365476Dataset 10
1p583w
…this Indenture), to the appropriate paying agent therefor on or before the date set for redemption or payment, in each case against receipt of the redemption price or payment in full thereof. (c) Subject to Article XII hereof, the Investment Manager may, by Issuer Order delivered to the Trustee no later than the settlement date of an exchange, tender or sale (or, in the case of physical settlement, no later than the Business Day preceding such date), certifying that a…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365476.pdf
EFTA01376170Dataset 10
1p480w
…Ltd., an exempted company incorporated with limited liability and existing under the laws of the Cayman Islands until a successor Person shall have become the Issuer pursuant to the applicable provisions of this Indenture, and thereafter "Issuer" shall mean such successor Person. "Issuer Only Notes": The Class D Notes and the Subordinated Notes. "Issuer Order" and "Issuer Request": A written order or request, respectively, dated and signed in the name of the Issuer or the Co-Issuer by an Authorized…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376170.pdf
EFTA01365457Dataset 10
1p611w
…may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Applicable Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Applicable Issuer or such Paying Agent; and, upon such payment…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365457.pdf