Amended and Restated Declaration of Trust Sample Clauses

Amended and Restated Declaration of Trust. The Amended and Restated Declaration of Trust has been executed on behalf of the Fund by Trustees of the Fund in their capacity as Trustees of the Fund and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Fund and shall not be binding upon any Trustee, officer, or shareholder of the Fund individually.

Amended and Restated Declaration of Trust. The Sponsor and the Trustee shall enter into an amended and restated declaration of trust and trust agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance by the Trust of the Shares referred to therein. Prior to the execution and delivery of such amended and restated declaration of trust and trust agreement: (i) the Trustee shall not have any duty or obligation hereunder or with respect to the trust estate, except accepting legal process served on the Trust in the State of Delaware and the execution of any certificates required to be filed with the Delaware Secretary of State which the Trustee is required to execute under Section 3811 of the Delaware Trust Statute, (ii) the Sponsor shall take or cause to be taken any action as may be necessary to obtain prior to such execution and delivery any licenses, consents or approvals required by applicable law or otherwise, and (iii) the Sponsor shall be the sole beneficial owner of the Trust. Notwithstanding the foregoing, the Trustee may take all actions which the Sponsor deems necessary, convenient or incidental to effect the transactions contemplated herein and which the Sponsor expressly directs in writing.

Amended and Restated Declaration of Trust. The exclusive purposes and functions of the Trust are (i) to issue and sell the Trust Securities and use the proceeds from such sale to acquire the Debentures, and (ii) to engage in those activities necessary, incidental, appropriate or convenient thereto. The Sponsor hereby appoints the Trustees, as trustees of the Trust, to have all the rights, powers and duties to the extent set forth herein. The Property Trustee hereby declares that it will hold the Trust Property in trust upon and subject to the conditions set forth herein for the benefit of the Trust and the Securityholders. The Trustees shall have all rights, powers and duties set forth herein and in accordance with applicable law with respect to accomplishing the purposes of the Trust. The Delaware Trustee shall not be entitled to exercise any powers, nor shall the Delaware Trustee have any of the duties and responsibilities, of the Property Trustee or the Administrative Trustees set forth herein. The Delaware Trustee shall be one of the Trustees for the sole and limited purpose of fulfilling the requirements of the Delaware Statutory Trust Act.

Amended and Restated Declaration of Trust. The Sponsor and the Trustees will enter into an Amended and Restated Declaration of Trust (the "Amended and Restated Declaration of Trust"), satisfactory to each such party, to provide for the contemplated operation of the Trust created hereby and the issuance of the Preferred Securities and Common Securities referred to herein. Prior to the execution and delivery of the Amended and Restated Declaration of Trust, the Trustees shall not have any duty or obligation hereunder or with respect to the trust estate, except as otherwise required by applicable law or as may be necessary to obtain prior to such execution and delivery any licenses, consents or approvals required by applicable law or otherwise. Notwithstanding the foregoing, the Trustees may take all actions deemed necessary or advisable to affect the transactions contemplated in the Amended and Restated Declaration of Trust.

Amended and Restated Declaration of Trust. The parties hereto hereby agree that in connection with an anticipated IPO Closing, following the date of the Underwriting Agreement for such IPO, but prior to the IPO Closing, an amended and restated declaration of trust of the Company substantially in the form of Exhibit E hereto (the “New Declaration of Trust”) shall be filed with the State Department of Assessments and Taxation of the State of Maryland and shall have become effective in accordance with its terms. If the IPO Closing for such IPO does not occur within seven (7) Business Days of such filing of the New Declaration of Trust, the parties hereto hereby agree that they shall again amend and restate the declaration of trust of the Company, to be in the form of the Declaration of Trust in all material respects (the “Restored Declaration of Trust”). Without limitation to Section 5.4 of this Agreement, the execution and delivery of this Agreement shall constitute the approval of the Shareholders with respect to the filing of the New Declaration of Trust and the Restored Declaration of Trust, if required by this Agreement.

Amended and Restated Declaration of Trust. AMENDED AND RESTATED DECLARATION OF TRUST, dated as of , 2001, among (i) Boise Cascade Corporation, a Delaware corporation (including any successors or assigns, the "Depositor"); (ii) BNY Western Trust Company, a national banking organization duly organized and existing under the laws of the United States, as property trustee (in such capacity, the "Property Trustee" and, in its personal capacity and not in its capacity as Property Trustee, the "Bank"); (iii) The Bank of New York (Delaware), a Delaware corporation, as Delaware trustee (in such capacity, the "Delaware Trustee"), (iv) , an individual, and , an individual, each of whose address is c/o Boise Cascade Corporation, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, (each, an "Administrative Trustee" and, collectively, the "Administrative Trustees" and, collectively with the Property Trustee and Delaware Trustee, the "Trustees"); and (v) the several Holders (as hereinafter defined). The Depositor and the Trustees hereby agree as follows: