Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 307 contracts
Sources: Trust Agreement (Air T Inc), Trust Agreement (Air T Inc), Trust Agreement (Air T Funding)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 171 contracts
Sources: Trust Agreement (Goldman Sachs Capital III), Declaration of Trust (BEE Financing Trust III), Declaration of Trust (CT Public Preferred Trust III)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee and the Indenture shall be deemed to be sufficiently described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 33 contracts
Sources: Trust Agreement (FFBC Capital Trust I), Trust Agreement (Crescent Banking Co), Trust Agreement (First Citizens Bancorporation Inc)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. To the extent permitted by the Trust Indenture Act, the Property Trustee shall not be deemed to have a conflicting interest by virtue of being trustee under the Guarantee.
Appears in 28 contracts
Sources: Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Southern Co), Trust Agreement (Southern Co Capital Trust Vii)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Subordinated Indenture and the Guarantee Agreement shall be deemed to be specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 9 contracts
Sources: Trust Agreement (Texas Utilities Electric Co), Trust Agreement (Tu Electric Capital V), Trust Agreement (Texas Utilities Electric Co)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. The Subordinated Indenture and the Guarantee Agreement shall be deemed to be specifically described in this Trust AgreementAgreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 8 contracts
Sources: Trust Agreement (Tu Electric Capital Iii), Trust Agreement (Tu Electric Capital Ii), Trust Agreement (Tu Electric Capital I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent required and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 6 contracts
Sources: Trust Agreement (Easy Gardener Products LTD), Trust Agreement (Us Home & Garden Trust I), Trust Agreement (Us Home & Garden Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 5 contracts
Sources: Declaration of Trust (Highlands Capital Trust I), Declaration of Trust (Resource Capital Trust I), Junior Subordinated Indenture (Republic New York Capital Iv)
Conflicting Interests. If the Property Trustee has or shall --------------------- acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 4 contracts
Sources: Trust Agreement (Ctbi Preferred Capital Trust Ii), Trust Agreement (Abc Bancorp Capital Trust I), Trust Agreement (Abc Bancorp Capital Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration.
Appears in 4 contracts
Sources: Declaration of Trust (Provident Companies Inc /De/), Trust Agreement (Public Service Electric & Gas Co), Declaration of Trust (Tower Automotive Inc)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Indenture and the Guarantee are hereby excluded for purposes of Section 310(b)(1) of the Trust Indenture Act.
Appears in 4 contracts
Sources: Trust Agreement (Sce Trust I), Trust Agreement (Oneok Inc /New/), Subordinated Indenture (Edison International)
Conflicting Interests. If the Property Trustee has or ---------------------- shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (SJG Capital Trust), Trust Agreement (Alcoa Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. The Depositor and any Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the business of the Trust, and the Trust and the Holders of Trust Preferred Securities
Appears in 2 contracts
Sources: Trust Agreement (Teco Energy Inc), Trust Agreement (Teco Capital Trust Iii)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee Trust shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Rbi Capital Trust I), Trust Agreement (Southside Capital Trust I)
Conflicting Interests. nterests If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Alabama Power Capital Trust Iv), Trust Agreement (Mississippi Power Capital Trust Ii)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Certificate of Determination and the Guarantee are hereby excluded for purposes of Section 310(b)(1) of the Trust Indenture Act.
Appears in 2 contracts
Sources: Trust Agreement (Sce Trust I), Trust Agreement (Sce Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementIndenture.
Appears in 2 contracts
Sources: Trust Agreement (Alabama Power Co), Trust Agreement (Alabama Power Capital Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Indenture and the guarantee are hereby excluded for purposes of Section 310(b)(1) of the Trust Indenture Act.
Appears in 2 contracts
Sources: Trust Agreement (Oneok Inc /New/), Trust Agreement (FPC Capital Ii)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Trustee Indenture Act and this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Aon Corp), Trust Agreement (Dominion Resources Inc /Va/)
Conflicting Interests. If the Property Trustee has or shall --------------------- acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. The Subordinated Indenture and the Guarantee shall be deemed to be specifically described in this Trust AgreementAgreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Sources: Trust Agreement (Cleveland Electric Financing Trust I)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. 47 40
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the 39 34 extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Mbna Corp)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Amended and Restated Declaration of Trust. To the extent permitted by the Trust AgreementIndenture Act, the Property Trustee shall not be deemed to have a conflicting interest by virtue of being trustee under the Guarantee.
Appears in 1 contract
Sources: Declaration of Trust (Exelon Corp)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. Section 809. Co-Trustees and Separate Trustee. --------------------------------
Appears in 1 contract
Conflicting Interests. If the Property Trustee has --------------------- or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. To the extent permitted by the Trust Indenture Act, the Property Trustee shall not be deemed to have a conflicting interest by virtue of being trustee under the Guarantee or the Subordinated Indenture.
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to 45 40 the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Chase Capital Iii)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act (as if such Act were applicable to this Trust Agreement) and this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Metlife Inc)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Bridge Bancorp Inc)
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust. [The Property Trustee's services as Trustee under the Guarantee and as Debenture Trustee shall not be deemed to constitute a conflicting interest.]
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or --------------------- shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust. The Property Trustee's services as Trustee under the Guarantee and as Debenture Trustee shall not be deemed to constitute a conflicting interest.
Appears in 1 contract
Conflicting Interests. If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. Section 809. Co-Trustees and Separate Trustee.
Appears in 1 contract