Common use of Conflicting Interests Clause in Contracts

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 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 27 contracts

Sources: Trust Agreement, Trust Agreement (Morgan Stanley), Trust Agreement (Morgan Stanley)

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 Subordinated Indenture and the securities of any series issued thereunder and the Trust Securities Guarantee Agreement and the Indenture shall be deemed to be sufficiently 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 13 contracts

Sources: Trust Agreement (PPL Capital Funding Inc), Trust Agreement (Southwestern Electric Power Co), Trust Agreement (American Electric Power Co Inc)

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 sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso provision contained in Section 310(b) of the Trust Indenture Act.

Appears in 8 contracts

Sources: Trust Agreement (Owens Corning Capital Ii), Declaration of Trust and Trust Agreement (Willamette Industries Inc), Trust Agreement (Providian Financial Corp)

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 sufficiently 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 6 contracts

Sources: Trust Agreement (Goldman Sachs Group Inc/), Trust Agreement (Hl&p Capital Trust I), Trust Agreement (Hl&p Capital Trust Iv)

Conflicting Interests. (a) If the Property Trustee has or shall acquire --------------------- acquires 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 Indenture and the Guarantee Agreement and the Indenture shall be deemed to be sufficiently 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 2 contracts

Sources: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)

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 sufficiently 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 2 contracts

Sources: Trust Agreement (Goldman Sachs Group Inc), Trust Agreement (Goldman Sachs Group Inc)

Conflicting Interests. (a) If the Property Trustee has shall have or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee it shall either eliminate such conflicting interest or resign, resign to the extent and extent, in the manner provided byand with the effect, and subject to the provisions ofconditions, provided in the Trust Indenture Act and this Trust Agreement. (b) . The Subordinated Indenture and the Guarantee Agreement and the Indenture shall be deemed to be sufficiently 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 2 contracts

Sources: Trust Agreement (Montana Power Co /Mt/), Trust Agreement (Montana Power Capital I)

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 AgreementDeclaration of Trust. (b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Declaration of Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.

Appears in 2 contracts

Sources: Declaration of Trust (Privatebancorp, Inc), Declaration of Trust (Privatebancorp, Inc)

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 provided, however 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 sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso provision contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Sources: Trust Agreement (Owens Corning Capital Iv)

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 sufficiently specifically described in this Trust Agreement for the purposes of clause (iclause_(i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Sources: Trust Agreement (Mason Dixon Capital Trust Ii)

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 sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso [^] [provision] contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Sources: Trust Agreement (First Star Capital Trust)

Conflicting Interests. (a) If the Property Trustee has or shall acquire acquires a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such that 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 sufficiently 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 1 contract

Sources: Trust Agreement (Wilmington Trust Capital A)

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 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.such

Appears in 1 contract

Sources: Trust Agreement (Franklin Capital Trust I)

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 sufficiently 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.. Trust Agreement

Appears in 1 contract

Sources: Trust Agreement (Us Bancorp \De\)

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.. Trust Agreement (b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently 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 1 contract

Sources: Trust Agreement (USB Capital IX)

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.. 258 (b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently 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 1 contract

Sources: Trust Agreement (Sce&g Trust I)