Common use of Reports by Property Trustee Clause in Contracts

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Declaration of Trust (Boise Cascade Trust Iii)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 May 15 of each year commencing with December 31May 15, 199[9] 1999 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 May 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 May 15 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Declaration of Trust (Tower Automotive Inc)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Depositor a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve12-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Scana Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than May 15 of each year commencing with December 31May 15, 199[9] 2008, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 12.9, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect;; TRUST AGREEMENT (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities stock exchange or interdealer quotation system or self-regulatory organization upon which the Trust Preferred Securities are listedlisted or quoted, if any, and with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Mellon Financial Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than February 28 of each year commencing with December 312006, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other exchange, interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission (unless the Capital Securities have not been registered under the Securities Act) and with the Depositor.

Appears in 1 contract

Sources: Declaration of Trust and Trust Agreement (Santander Bancorp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] 1998 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-twelve- month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Newfield Financial Trust Ii)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 ____________ [MONTH, DAY] of each year commencing with December 31__________, 199[9] 2000, the Property Trustee shall transmit to all Securityholders Security Holders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 ____________ with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 ________________ or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition, the Property Trustee shall transmit to Securityholders Security Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Dayton Superior Capital Trust)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Within 60 days after December 31 of each year commencing with December 31, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Sponsor a brief report dated as of such December 31 the immediately preceding with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said that Section, a written statement to such that effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such those obligations, a description of such that noncompliance; and (iii) any change in the property and or funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such Holders those reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions that transmission to Holders, be filed by the Property Trustee with the Sponsor for filing with the Commission and each national securities stock exchange or interdealer quotation system or self-regulatory organization upon which the Trust Preferred Securities are listedlisted or quoted, with the Commission and with the Depositorif any.

Appears in 1 contract

Sources: Trust Agreement (Wilmington Trust Capital A)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than February 28 of each year commencing with December 312005, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other exchange, interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Declaration of Trust and Trust Agreement (Popular Inc)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 [May 15] of each year commencing with December 31[May 15, 199[91999] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 [May 15] with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 [May 15] or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Dura Automotive Systems Inc)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] 1996 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Host Marriott Corp/)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Within 60 days after December 31 of each year commencing with December 31, 199[9] 200- the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such December 31 with respect to: (i) : its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) ; a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) and any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) . In addition, addition the Property Trustee shall transmit to Securityholders and the Depositor such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) . A copy of each such report shall, at the time of such transmissions transmission to Holdersthe Depositor, be filed by the Property Trustee Depositor with each national securities stock exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission listed and with the DepositorCommission. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information relating to financial statements contained therein or determinable from financial statements contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Appears in 1 contract

Sources: Trust Agreement (AmerUs Capital V)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Depositor a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-12- month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (South Carolina Electric & Gas Co)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Not later than 60 days after December 31 following May 15 of each year commencing with December 31May 15, 199[9] 200_, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such December 31 May 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iiiii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report referred to in (b) above shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange or the Depositor and any applicable self-regulatory organization upon which organization. (d) Within 60 days after May 15 of each year commencing May 15, 200__, the Property Trustee shall provide to the Holders of the Trust Securities such reports as are listedrequired by Section 313 of the Trust Indenture Act, if any, in the form, in the manner and at the times provided by Section 313 of the Trust Indenture Act. The Property Trustee shall also comply with the Commission and with requirements of Section 313(d) of the DepositorTrust Indenture Act.

Appears in 1 contract

Sources: Trust Agreement (Oneok Inc /New/)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Banponce Trust Ii)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] 1996 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Clos- ing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Host Marriott Corp/Md)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Depositor a brief report dated as of such the immediately preceding December 31 with respect to:: 248 (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve12-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (South Carolina Electric & Gas Co)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or self-such other interdealer quotation system or self- regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Compass Trust Ii)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Depositor a brief report dated as of such the immediately preceding December 31 with respect to:: 261 (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve12-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Scana Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 Within 90 days after December 31 of each year commencing with December 31, 199[9] 1998, the Property Trustee shall transmit by mail to all Securityholders Securityholders, as their names and addresses appear in accordance with Section 10.8 the Securities Register, and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 8.07 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligationsobliga tions, a description of such noncompliancenon-compliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, if any, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (PMC Capital I)

Reports by Property Trustee. (a) To Not later than 60 days after May 15, of each year commencing with May 15, 1997, the extent Property Trustee shall, if required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such December 31 the immediately preceding May 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 May 15 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor. The Depositor will promptly notify the Property Trustee when the Preferred Securities are listed on any securities exchange.

Appears in 1 contract

Sources: Trust Agreement (Bankunited Financial Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than May 15 of each year commencing with December 31May 15, 199[9] , the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 the Trust Indenture Act, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities stock exchange or interdealer quotation system or self-regulatory organization upon which the Trust Preferred Securities are listedlisted or quoted, if any, and with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Wells Fargo Capital XVIII)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] 2001, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Declaration of Trust (Boise Cascade Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Within 60 days after December 31 of each year commencing with December 31, 199[9] 1996 the Property Trustee shall transmit by mail to all Securityholders Securityholders, as their names and addresses appear in accordance with Section 10.8 the Securities Register, and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 8.07 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliancenon-compliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with the each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Amerus Capital I)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Within 60 days after December 31 of each year commencing with December 31, 199[9] 1997 the Property Trustee shall transmit by mail to all Securityholders Securityholders, as their names and addresses appear in accordance with Section 10.8 the Securities Register, and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 8.07 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliancenon-compliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with the each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Amerus Capital I)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within Within 60 days after December 31 of each year commencing with December 31, 199[9] 200- the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders and the Depositor such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holdersthe Depositor, be filed by the Property Trustee Depositor with each national securities stock exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission listed and with the DepositorCommission. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information relating to financial statements contained therein or determinable from financial statements contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Appears in 1 contract

Sources: Trust Agreement (AmerUs Capital V)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than of each year commencing with December 31, 199[9] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.9, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied in all material respects with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the expense of the Depositor, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, if any, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Mellon Financial Corp)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December Not later than January 31 of each year commencing with December 31year, 199[9] the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8 and to the Depositor, Depositor a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-12- month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto.. 264 (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq National Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Sce&g Trust I)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 Not later than ________ __ of each year commencing with December 31________ __, 199[9] 1999, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 10.8, and to the Depositor, a brief report dated as of such the immediately preceding December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided provided, however pursuant thereto. (c) A copy of each such report shall, at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities exchange stock exchange, the Nasdaq Stock Market or such other interdealer quotation system or self-regulatory organization upon which the Trust Securities are listedlisted or traded, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Owens Corning Capital Iv)

Reports by Property Trustee. (a) To the extent required by the Trust Indenture Act, within 60 days after December 31 of each year commencing with December 31, 199[9] 1997 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 with respect to:: 61 (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of such report shall, at the time of such transmissions to Holders, be filed by the Property Trustee with each national securities exchange or self-regulatory organization upon which the Trust Securities are listed, with the Commission and with the Depositor.

Appears in 1 contract

Sources: Trust Agreement (Newell Financial Trust I)

Reports by Property Trustee. (a) To the extent required by --------------------------- the Trust Indenture Act, within 60 days after December 31 July 15 of each year commencing with December 31July 15, 199[9] 1999, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8 and to the Depositor, a brief report dated as of such December 31 July 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Date) ending with such December 31 or, if the Property Trustee has not complied in any material respects with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, shall at the time of such transmissions transmission to Holders, be filed by the Property Trustee with each national securities stock exchange or self-self regulatory organization of which the Property Trustee has received notice by the Trust upon which the Trust Securities are listed, listed and also with the Commission and with Commission. The Trust will promptly notify the DepositorProperty Trustee whenever the Preferred Securities are listed on any stock exchange or self regulatory organization or any delisting thereof.

Appears in 1 contract

Sources: Trust Agreement (United Rentals Inc /De)