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OFS-3.5.4

A trustee corporation must not be appointed, hold office or act as trustee for the holders of debt securities of a borrowing corporation if that trustee corporation is:

(a) A shareholder who beneficially holds shares in the borrowing corporation;
(b) Beneficially entitled to monies owned by the borrowing corporation to it;
(c) A corporation that has entered into a guarantee in respect of the principal debt secured by those debt securities or in respect of interest thereon; or
(d) A corporation that is related to:
(i) Any corporation referred to in Subparagraphs (a), (b) or (c); or
(ii) The borrowing corporation.
January 2014