Common use of Reports, Notices and Demands Clause in Contracts

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 4 contracts

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

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to Strategic Hotels & Resorts, Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, , ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: Secretary, or to such other address as may be specified in a written notice by the Depositor Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the DepositorSponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee and the Delaware Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked “Attention: Office Administrative Trustees of BEE Financing Trust [ ]”; and (c) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 3 contracts

Sources: Declaration of Trust (BEE Financing Trust III), Declaration of Trust (Strategic Hotels & Resorts, Inc), Declaration of Trust (Strategic Hotels & Resorts, Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to CNA Financial Corporation, CNA ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attentiontention: Office of the Secretary________, facsimile no.: (▇▇▇312) ▇▇▇-▇▇▇▇ or ______________. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. . (a) with respect to the Property Trustee to The First National Bank of Chicago, One ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇▇▇ention: Corporate Trust Department; (b) with respect to the Delaware Trustee, to First Chicago Delaware Inc., 300 ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; ▇▇d (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of CNA Financial Capital I." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 3 contracts

Sources: Trust Agreement (Cna Financial Capital Iii), Trust Agreement (Cna Financial Capital Iii), Trust Agreement (Cna Financial Capital Iii)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇First Empire State Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇One M&T Plaza, ▇▇▇ ▇▇▇▇Buffalo, ▇▇ ▇▇▇▇▇New York 14240, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 3 contracts

Sources: Trust Agreement (First Empire Capital Trust I), Trust Agreement (First Empire Capital Trust Ii), Trust Agreement (First Empire State Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that communications which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor Sponsor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, Securities. Any notice to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or Preferred Securityholders shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given given, or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee Trustee, to The Bank of New York, ▇▇▇ 101 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West21W, New York, NY New York 10286, Attention: Corporate Trust Administration; , (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇Whit▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; with a copy of any such notice to the Property Trustee at its address above, and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 3 contracts

Sources: Trust Agreement (CNS Energy Trust Iii), Trust Agreement (CMS Energy Trust V), Trust Agreement (CMS Energy Trust V)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to ▇▇The Chase Manhattan Corporation, 270 58 53 ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇___) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee___- ____. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. . (a) with respect to the Property Trustee to The Bank of New York, 101 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, New York, New York 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Whit▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware, with a copy to the Property Trustee at the address set forth in Clause (a); and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of Chase Capital II." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 3 contracts

Sources: Trust Agreement (Chase Capital Ix), Trust Agreement (Chase Capital Iii), Trust Agreement (Chase Capital Vi)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Seacoast Financial Services Corporation, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryTreasurer, facsimile Facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, hand delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The State Street Bank of New Yorkand Trust Company, ▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-, Floor 8 West, New York, NY 10286▇▇▇, Attention: Corporate Trust AdministrationDepartment (Seacoast Capital Trust I); (b) with respect to the Delaware Trustee Trustee, to The Christiana Bank of New York (Delaware)& Trust Company, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust AdministrationDepartment; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of Seacoast Capital Trust I"; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee or such AdministratorAdministrative Trustee, as the case may be.

Appears in 3 contracts

Sources: Trust Agreement (Seacoast Financial Services Corp), Trust Agreement (Seacoast Financial Services Corp), Trust Agreement (Seacoast Financial Services Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Wintrust Financial Corporation, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Office of the Secretary▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Chief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Wilmington Trust AdministrationCompany at the above address; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryCapital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 3 contracts

Sources: Trust Agreement (Wintrust Capital Trust Ii), Trust Agreement (Wintrust Capital Trust I), Trust Agreement (Wintrust Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed (ai) in the case of a Holder of Capital Securities, Trust Preferred Securities to such Holder as such Holder’s 's name and address may appear on the Securities Register; Register and (bii) in the case of the Holder of the Common Securities or Securities, the Depositor, to South Carolina Electric & Gas Company, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 21 West, New York, NY New York 10286, Attention: Corporate Trust Administration; (bii) with respect to the Delaware Trustee to Trustee, The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route Rte 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (ciii) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of SCE&G Trust I"; and (iv) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 3 contracts

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

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Air T, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no; Facsimile No.: (▇▇▇) ▇▇▇[XXX-▇▇▇▇ or XXX-XXXX] Any notice to Capital Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, at its Corporate Trust Office; (b) with respect to The Bank of New Yorkthe Delaware Trustee, Delaware Trust Company, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Floor 8 West, New York, NY 10286, AttentionAttn: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust AdministrationTrust; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of the SecretaryAir T Funding.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Air T Funding), Trust Agreement (Air T Inc)

Reports, Notices and Demands. Any report, notice, demand or ---------------------------- other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder Holders of Capital Securities, to such Holder Capital Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to DPL Inc., Courthouse Plaza Southwest, Dayton, Ohio 45402, Attention: Treasurer, ▇▇▇▇▇▇▇▇▇ ▇▇.: ▇▇▇-▇▇▇-▇▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇mand or other communication to or upon ▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder lder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. . (a) with respect to the Property Trustee to The Bank of New York, 101 Barclay Street, Floor 21 West, New York, New York 10286, Attenti▇▇: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Administration, (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), White Clay Center, Route 273, Newark, Delaware, 19711 Attention: Cor▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, with a copy to the Property Trustee at the address in (a) above for notice to the Property Trustee, and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of DPL Capital Trust II." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee or the Delaware Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee (whether given to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Delaware Trustee, or such Administrator).

Appears in 2 contracts

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

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to Citizens Banking Corporation, ▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryGeneral Counsel, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The U.S. Bank of New YorkNational Association, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust Services; (b) with respect to the Delaware Trustee, to U.S. Bank Trust National Association, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, Route 273, Newark, Delaware 19711▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” Citizens Funding Trust I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Citizens Banking Corp), Trust Agreement (Citizens Funding Trust IV)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to Southern BancShares (N.C.), Inc., 100 South Main Street, Fuquay-Varina, North Carolina 27526, Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: . (▇▇▇) ▇▇▇-▇▇▇▇ or to such ▇▇ ▇▇ ▇▇▇▇ other address as may be specified addres▇ ▇▇ ▇▇▇ ▇▇ ▇▇▇▇ified in a written notice by the writt▇▇ ▇▇▇▇▇▇ ▇▇ ▇he Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice. A. Delle Donne Corporate Center, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeMontgomery Building , the Delaware Trustee1011 Centre Road, the AdministratorsSuite 200, or the Issuer Trust shall be given in writing addressed Wilmington, Delawar▇ ▇▇▇▇▇-▇▇66, Attentio▇: ▇▇▇▇ ▇▇▇▇▇▇▇; ▇▇▇ (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators▇▇▇▇▇▇▇▇, to them at the address above t▇▇ ▇▇▇▇▇▇▇ ▇bove for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Fidbank Capital Trust I), Trust Agreement (Fidelity Bancshares Nc Inc /De/)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Silicon Valley Bancshares, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.number: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇ ▇▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Attention Administrative Trustees of the SecretarySVB Capital II.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Silicon Valley Bancshares), Trust Agreement (Silicon Valley Bancshares)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to S.Y. Bancorp, Inc., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to the Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administrationat the address above; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” S.Y. Bancorp Capital Trust I, c/o S.Y. Bancorp, Inc." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (S Y Bancorp Inc), Trust Agreement (S Y Bancorp Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇First Empire State Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇One M&T Plaza, ▇▇▇ ▇▇▇▇Buffalo, ▇▇ ▇▇▇▇▇New York 14240, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration___________; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (First Empire State Corp), Trust Agreement (First Empire Capital Trust I)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (bii) in the case of the Holder of Common Securities or the Depositor, to First Star Bancorp, Inc., ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (First Star Capital Trust), Trust Agreement (First Star Capital Trust)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Independent Bank Corporation, 230 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attentiontention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇616) ▇▇▇-▇▇▇▇ or ▇. ▇ny notice to Preferred Securityholders shall 50 56 also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The State Street Bank of New Yorkand Trust Company, ____________________, Attention: Corporate Trust Trustee Administration; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Route 273, Newark, Delaware 19711, Attention▇▇tention: Corporate Trust Trustee Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryIBC Capital." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Ibc Capital Finance), Trust Agreement (Ibc Capital Finance)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇BB&T Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇617) ▇▇▇664-▇▇▇▇ 4006, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New YorkNational Association, One Federal Street, 3rd Floor, Boston, Massachusetts 02110, Attention: Corporate Trust Services; (b) with respect ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇ey Square North, Newark1100 North Market Street, Wilmington, Delaware 1971119890-0001, Attention: Corporate Trust AdministrationAdminist▇▇▇▇▇▇; and (c) with respect resp▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇econd Street, Winston-Salem, NC 27101 marked "Attention: Administrative Trustees of BB&T Capital Trust I"; ▇▇▇ (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ its principal office specified in Section 2.2, with a copy to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (Bb&t Corp), Trust Agreement (Bb&t Capital Trust I)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Securitiesa Trust Preferred Security, to such Holder of a Trust Preferred Security as such Holder’s Securityholder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of a Common Securities Security or the Depositor, to Hawaiian Electric Company, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇Honolulu, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Hawaii 96813, Attention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: : (ai) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇ 21st Floor, New York, NY New York 10286, Attention: Corporate Trust Trustee Administration; (bii) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust AdministrationDepartment; and (ciii) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryHECO Capital Trust I c/o Treasurer." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Heco Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Central Power and Light Company, ▇/▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Freeway, ▇▇▇▇ ▇▇▇▇▇▇▇▇Dallas, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Texas 75202, Attention: Office of the SecretaryDirector, Finance, facsimile no.: (▇▇▇214) ▇▇▇777-▇▇▇▇ or 1223. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Trustee Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273Newark, NewarkNew Castle County, Delaware 19711, Attention: Corporate Trust Trustee Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” CPL Capital I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Central Power & Light Co /Tx/), Trust Agreement (Southwestern Electric Power Co)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Trust Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇_____________________________, Attention: Office of the Secretary____________________, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No. _____________________ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware TrusteeTrustee or, the Administrators, or the Issuer Trust Administrators shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York_______________, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286__________________, Attention: Corporate Trust Administration; Trustee Administration Department (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)___________________, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711__________________________, Attention: Corporate Trust AdministrationTrustee Administration Department; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” Chief Financial Officer" and (d) with respect to the Trust to Union Electric Capital Trust __, c/o Union Electric Company, _______________________________, Attention: ____________________. Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Union Electric Co), Trust Agreement (Union Electric Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Baylake Corp., 217 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, , ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Wisconsin 54235, Attention: Office of the SecretaryChief Executive Officer, facsimile no.: (▇▇▇920) ▇▇▇-▇▇▇▇ or ▇. ▇▇y notice to the Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administrationat the address above; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” Baylake Capital Trust I, c/o Chief Executive Officer, Baylake Corp." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Baylake Capital Trust I), Trust Agreement (Baylake Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Southwestern Electric Power Company, ▇/▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Freeway, ▇▇▇▇ ▇▇▇▇▇▇▇▇Dallas, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Texas 75202, Attention: Office of the SecretaryDirector, Finance, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Trustee Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273Newark, NewarkNew Castle County, Delaware 19711, Attention: Corporate Trust Trustee Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” SWEPCO Capital I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Public Service Co of Oklahoma), Trust Agreement (Southwestern Electric Power Co)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (bii) in the case of the Holder of Common Securities or the Depositor, to Allegiant Bancorp, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇St. Louis, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Missouri 63114, Attention: Office of the Corporate Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (ai) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, ▇▇▇ ▇Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇, New York▇▇▇ ▇▇▇▇, NY 10286▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administrationand Agency Group Corporate Market Services; (bii) with respect to the Delaware Trustee to The Bank of New York Bankers Trust (Delaware), E. A. Delle Donne Corporate Center, ▇▇▇▇▇▇▇▇▇▇ Building, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; , and (ciii) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Allegiant Bancorp Inc), Trust Agreement (Allegiant Capital Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to Mercantile Bank Corporation, 216 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, , .▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the Secretary, facsimile no.Chairman; Fax: (616) 454-▇▇▇) ▇. ▇▇▇-▇▇▇▇ or y notice to the Holders of the Preferred Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Delaware 19711, Attention▇▇tention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryMBWM Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (MBWM Capital Trust I), Trust Agreement (MBWM Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder of Trust Preferred Securities as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to Front Range Capital Corporation, 1020 ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇; ▇▇tention: Robe▇▇ ▇. ▇▇▇▇▇▇▇▇, Attention: Office of the Secretary, facsimile ▇▇csimile no.: (▇▇▇303) ▇▇▇-▇▇▇▇ or ▇. ▇▇y notice to Holders of Trust Preferred Securities shall also be given to such other address beneficial owners of Trust Preferred Securities as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration-Front Range Capital Trust I; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York the name and address listed in (Delaware)a) above, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” Front Range Capital Trust I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administratoras the case may be.

Appears in 2 contracts

Sources: Trust Agreement (Front Range Capital Trust I), Trust Agreement (Front Range Capital Trust I)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, Inc., One ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the SecretaryW. F▇▇▇▇ ▇▇▇ley, facsimile no.: (▇▇▇334) ▇▇▇-▇▇▇▇, ▇or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall or any Issuer Trustee may be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the Issuer Trust) as follows: United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) with respect to in the case of the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇, NY 10286▇▇csimile (302) ▇▇▇-▇▇▇▇, Attention▇▇tention: Corporate Trust Administration; (b) with respect to in the case of the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Delaware 19711▇▇csimile (302) ▇▇▇-▇▇▇▇, Attention▇▇tention: Corporate Trust Administration; and (c) with respect to in the Administratorscase of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of Colonial Capital II; and (d) in the case of the Secretary.” Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Issuer TrustProperty Trustee, the Property Trustee Delaware Trustee, the Administrative Trustees or the Administrators Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the Property Trustee, or such Administratorcase may be.

Appears in 2 contracts

Sources: Trust Agreement (Colonial Bancgroup Inc), Trust Agreement (Colonial Capital Ii)

Reports, Notices and Demands. Any report, notice, demand or ---------------------------- other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ABC Bancorp, ▇▇ ▇/▇▇/ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChairman and Chief Executive Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust AdministrationAdministration - ABC Bancorp Capital Trust I; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administrationat the address above; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” ABC Bancorp Capital Trust I, c/o ABC Bancorp" Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Abc Bancorp Capital Trust I), Trust Agreement (Abc Bancorp Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇BB&T Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: : (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New York, National Association ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; Services (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration (c) with respect to the Administrative Trustees, to them at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇, Route 273, Newark, Delaware 19711, ▇▇ ▇▇▇▇▇ Attention: Corporate Administrative Trustees of BB&T Capital Trust Administration; and II and (cd) with respect to the AdministratorsIssuer Trust, to them at the address above for notices its principal office specified in Section 2.2, with a copy to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (BB&T Capital Trust II), Trust Agreement (Bb&t Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to ▇▇▇▇▇ Financial Corporation, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Chief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Wilmington Trust AdministrationCompany at the above address; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryCapital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Ifc Capital Trust Ii), Trust Agreement (Ifc Capital Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Midwest Banc Holdings, Inc., 501 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, Attentiontention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇708) ▇▇▇-▇▇▇▇ or ▇. ▇▇y notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Wilmington Trust AdministrationCompany at the above address; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” MBHI Capital Trust I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Mbhi Capital Trust I), Trust Agreement (Mbhi Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇BB&T Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: : (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New York, National Association ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; Services (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration (c) with respect to the Administrative Trustees, to them at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇, Route 273, Newark, Delaware 19711, ▇▇ ▇▇▇▇▇ Attention: Corporate Administrative Trustees of BB&T Capital Trust Administration; and VI and (cd) with respect to the AdministratorsIssuer Trust, to them at the address above for notices its principal office specified in Section 2.2, with a copy to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (Bb&t Corp), Trust Agreement (Bb&t Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Goldman Sachs Group, Inc., 85 Broad Street, New York, New York 10004, ▇▇▇▇▇▇▇o▇: [ ], facsimile n▇.: [ ]. ▇▇▇▇ ▇▇▇▇▇▇, , ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication munication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, 101 Barclay Street, Floor 21W, New York, New York 10286 - Attention: C▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), White Clay Center, Route 273, Newark, Delaware 19711, and (c) with res▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators▇▇▇▇▇▇▇▇ Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” Goldman Sachs Capital IV". Such notice, demand or other communication to or upon ▇▇ ▇▇ ▇pon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Goldman Sachs Capital V), Trust Agreement (Goldman Sachs Group Inc/)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to The Bear ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Companies Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Office of the Corporate Secretary, facsimile noFacsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other (until another address as may be specified in a written is designated by notice by the Depositor to the Property TrusteeTrustees). Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrators shall be given in writing addressed (until another address is published designated by notice to the Issuer Trustother parties hereto) as follows: : (a) with respect to the Property Trustee to The Bank of New YorkChase Manhattan Bank, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇, Newark, Delaware 19711▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust AdministrationTrustee Administration Department; and (b) with respect to the Delaware Trustee, to Chase Manhattan Bank Delaware, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trustee Administration Department; (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office Administrators of Bear ▇▇▇▇▇▇▇ Capital Trust __" and (d) with respect to the Trust, c/o The Bear ▇▇▇▇▇▇▇ Companies Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, Attention: Corporate Secretary.” . Such notice, demand or other communication to or upon the Issuer Trust, the Administrators, the Property Trustee or the Administrators Delaware Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Administrators, the Property Trustee or the Delaware Trustee, or such Administratoras the case may be.

Appears in 2 contracts

Sources: Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Capital Trust V)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇BB&T Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: : (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New York, National Association ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; Services (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration (c) with respect to the Administrative Trustees, to them at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇, Route 273, Newark, Delaware 19711, ▇▇ ▇▇▇▇▇ Attention: Corporate Administrative Trustees of BB&T Capital Trust Administration; and VII and (cd) with respect to the AdministratorsIssuer Trust, to them at the address above for notices its principal office specified in Section 2.2, with a copy to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (Bb&t Corp), Trust Agreement (Bb&t Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to HomeBanc Corp. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Investment Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The Bank of New York▇▇▇▇▇ Fargo Bank, National Association, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇, New York▇▇▇▇▇▇▇▇▇▇, NY 10286, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Institutional Trust Administration; Services—HMB Capital Trust I, facsimile no. (b▇▇▇) ▇▇▇-▇▇▇▇, (ii) with respect to the Delaware Trustee to The Bank of New York (Delaware)Trustee, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇▇▇, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Institutional Trust AdministrationServices—HMB Capital Trust I, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (ciii) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of HMB Capital Trust I,” and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 2 contracts

Sources: Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Temecula Valley Bancorp Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, , ▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee and the Delaware Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-, Route 273, Newark, Delaware 19711▇▇▇, Attention: Corporate Trust AdministrationCapital Markets, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (cb) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Temecula Valley Statutory Trust VI,” and (c) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 2 contracts

Sources: Trust Agreement (Temecula Valley Bancorp Inc), Trust Agreement (Temecula Valley Bancorp Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to KeyCorp, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryGeneral Counsel, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Deutsche Bank of New YorkTrust Company Americas, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ NYC ▇▇-▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Services; with a copy to Deutsche Bank National Trust Company, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 WestMS: 01-0105, New York▇▇▇▇▇▇, NY 10286▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administrationand Agency Services; (b) with respect to the Delaware Trustee Trustee, to The Deutsche Bank of New York (Trust Company Delaware), E.A. Delle Donne Corporate Center, ▇▇▇▇▇▇▇▇▇▇ Bldg., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Attention Administrative Trustees of the Secretary.KeyCorp Capital X.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Keycorp /New/), Trust Agreement (KeyCorp Capital VIII)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to ▇▇▇Stifel Financial Corp., ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile noFacsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to the Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administrationat the address above; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” Stifel Financial Capital Trust I, c/o Stifel Financial Corp." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Stifel Financial Corp), Trust Agreement (Stifel Financial Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Glacier Water Services, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary▇▇▇▇▇ ▇. ▇▇▇▇▇▇, facsimile no.number: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇ , New York, NY 10286, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇ ▇▇▇▇▇- 0001; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” GLACIER WATER TRUST I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Glacier Water Services Inc), Trust Agreement (Glacier Water Services Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to KeyCorp, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryGeneral Counsel, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Deutsche Bank of New YorkTrust Company Americas, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ NYC ▇▇-▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Services; with a copy to Deutsche Bank National Trust Company, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 WestMS: 01-0105, New York▇▇▇▇▇▇, NY 10286▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administrationand Agency Services; (b) with respect to the Delaware Trustee Trustee, to The Deutsche Bank of New York (Trust Company Delaware), E.A. Delle Donne Corporate Center, ▇▇▇▇▇▇▇▇▇▇ Bldg., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Attention Administrative Trustees of the SecretaryKeyCorp Capital IX.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Keycorp /New/), Trust Agreement (KeyCorp Capital VIII)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of a Common Securities Security or the Depositor, to USF&G Corporation, 100 Light Street, Baltimore, Maryland 21201, Attention: [Tr▇▇▇▇▇▇▇], ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-____. ▇▇▇ ▇▇▇▇ or ▇ce to Holders of Preferred Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. (a) with respect to the Property Trustee to The Bank of New York, 101 Barclay Street. 21W, New York, New York 10286, Attention: Co▇▇▇▇▇▇▇ ▇▇▇▇▇ Trustee Administration; (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), 23 White Clay Center, Newark, Delaware 19771; and (c) with respect ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of USF&G Capital I [c/o Treasury Department.]" Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Public Service Company of Oklahoma, c/o Central and South West Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Freeway, ▇▇▇▇ ▇▇▇▇▇▇▇▇Dallas, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Texas 75202, Attention: Office of the SecretaryDirector, Finance, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Trustee Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273Newark, NewarkNew Castle County, Delaware 19711, Attention: Corporate Trust Trustee Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the Secretary.” PSO Capital I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Central Power & Light Co /Tx/), Trust Agreement (Public Service Co of Oklahoma)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Century Bancorp, Inc., 400 ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) 781-▇▇▇-▇▇▇▇ or ▇. ▇▇y notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The State Street Bank of New Yorkand Trust Company, Two ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tention: Corporate Trust Department; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Route 273, Newark, Delaware 19711, Attention▇▇tention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryCentury Bancorp Capital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Century Bancorp Capital Trust), Trust Agreement (Century Bancorp Capital Trust)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; , and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to BancorpSouth, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Office of the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, with a copy (which shall not constitute notice) to ▇▇▇▇▇or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇ PLLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇. Any notice to Preferred Securityholders may also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇, New York, NY 10286▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration[ ]; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

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

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Macon Bancorp, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Deutsche Bank of New YorkTrust Company Americas, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇, Newark, Delaware 19711▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administrationand Agency Services, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee, to Deutsche Bank Trust Company Delaware, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Services, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Macon Capital Trust I,” and (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 2 contracts

Sources: Trust Agreement (Entegra Financial Corp.), Trust Agreement (Macon Financial Corp.)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to People's Bancshares, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The State Street Bank of New Yorkand Trust Company, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Department; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-, Route 273, Newark, Delaware 19711▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryPeople's Bancshares Capital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Peoples Bancshares Inc), Trust Agreement (Peoples Bancshares Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Securitiesa Trust Preferred Security, to such Holder of a Trust Preferred Security as such Holder’s Securityholder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of a Common Securities Security or the Depositor, to Hawaiian Electric Company, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇Honolulu, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Hawaii 96813, Attention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: : (ai) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇ 21st Floor, New York, NY New York 10286, Attention: Corporate Trust Trustee Administration; (bii) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust AdministrationDepartment; and (ciii) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryHECO Capital Trust II c/o Treasurer." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Heco Capital Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Easy Gardener Products, Ltd., ___________________, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property TrusteeManager. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇Square North, Route 2731100 North Market Street, NewarkWilmington, Delaware 19711198900001, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” EASY ▇▇▇▇▇▇▇ PRODUCTS TRUST I." Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee or such Administratorthe Administrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (Us Home & Garden Trust I), Trust Agreement (Us Home & Garden Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to ONEOK, Inc., [____________], ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or Treasurer. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustee(s) shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York[____________], ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286[____________], Attention: Corporate Trust Administration[____________]; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)[____________], ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711[____________], Attention: Corporate Trust Administration; [____________] and (c) with respect to the AdministratorsAdministrative Trustee(s), to them at the address above for notices to the Depositorc/o [__________________________________], marked “Attention: Office "Attention Administrative Trustee(s) of the Secretary.” ONEOK Capital Trust I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 2 contracts

Sources: Trust Agreement (Oneok Inc /New/), Trust Agreement (Oneok Inc /New/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇Desert Capital REIT, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, NV 89014, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇, 50th Floor, Houston, Texas 77002, Attention: Worldwide Securities Services— Desert Capital TRS Statutory Trust I, to the attention of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, telephone no. (▇▇▇) ▇▇▇-▇▇▇▇, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇, (ii) with respect to the Delaware Trustee, to Chase Bank of New YorkUSA, National Association, c/o JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Floor 8 WestBuilding 4 (3rd Floor), New YorkNewark, NY 10286Delaware 19713, Attention: Corporate Worldwide Securities Services— Desert Capital TRS Statutory Trust AdministrationI, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (biii) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Desert Capital TRS Statutory Trust I”, and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 2 contracts

Sources: Trust Agreement (Desert Capital Reit Inc), Trust Agreement (Desert Capital Reit Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇BB&T Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: : (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New York, National Association ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; Services (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration (c) with respect to the Administrative Trustees, to them at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇, Route 273, Newark, Delaware 19711, ▇▇ ▇▇▇▇▇ Attention: Corporate Administrative Trustees of BB&T Capital Trust Administration; and IV and (cd) with respect to the AdministratorsIssuer Trust, to them at the address above for notices its principal office specified in Section 2.2, with a copy to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 2 contracts

Sources: Trust Agreement (Bb&t Corp), Trust Agreement (Bb&t Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to ▇▇▇▇MainSource Financial Group, Inc., 2▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New York, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), W▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of MainSource Statutory Trust III," and (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Mainsource Financial Group)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Downey Financial Corp., ▇▇▇ Jamboree Road, Nor▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ ▇. Royer, facsi▇▇▇▇ ▇▇▇▇▇▇: (▇▇, 9) 725-0619. Such n▇▇ ▇▇▇▇, ▇▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodney Square North, 1▇▇▇ ▇▇rth Market Stree▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), -▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ the Delaware Trustee, Route 273to Wilmington Trust Company, NewarkRodney Square North, Delaware 197111▇▇▇ ▇▇rth Market Stree▇, Attention▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇: Corporate ▇▇▇▇▇▇▇▇▇ Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” Downey Financial Capita▇ ▇▇▇▇t I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Downey Financial Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to First Bank System, Inc., ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇612) ▇▇▇973-▇▇▇▇ or 0965. Any notice to Capital Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Agents shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee or the Delaware Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; , and (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Agents, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Agents of the Secretary.” FBS Capital I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (First Bank System Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to ▇▇American Safety Holdings Corp., ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New YorkJPMorgan Chase Bank, ▇▇▇ ▇▇▇▇▇▇, Suite 1150, Houston, Texas, 77002, Attention: Institutional Trust Services, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee, to Chase Manhattan Bank USA, National Association, c/o JPMorgan Chase Bank, 500 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Floor 8 WestBuilding 4 (3rd Floor), New YorkNewark, NY 10286Delaware 19713, Attention: Corporate Institutional Trust Administration; Services, facsimile no.: (b▇▇▇) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇-▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of American Safety Capital Trust II”, and (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (American Safety Insurance Holdings LTD)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to Wachovia Corporation, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryTreasurer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, TRUST AGREEMENT demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the DepositorSponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee Trustee, to The U.S. Bank of New YorkNational Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇▇, New York▇▇▇▇▇▇▇▇▇▇, NY 10286▇▇ ▇▇▇▇▇, Attention: Corporate Trust AdministrationServices Division; (b) with respect to the Delaware Trustee Trustee, to The U.S. Bank of New York (Delaware)Trust National Association, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇▇▇, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust AdministrationServices Division; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked “Attention: Office Administrative Trustees of Wachovia Capital Trust [ ]”; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (Wachovia Capital Trust XIII)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securities, the Depositor or the DepositorGuarantor, to BanPonce Financial Corp., 521 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇. ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the [Secretary], facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ [_________], or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The First National Bank of New YorkChicago, One ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇, NY 10286, Attention▇▇tention: [Corporate Trust Administration]; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)First Chicago Delaware Inc., ▇▇▇▇▇ 300 ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Delaware 19711, Attention▇▇tention: Corporate Trust Administration[Mich▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇]; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of BanPonce Trust __"; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (Banponce Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesApex, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Group, Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryCorporate Treasury – Debt Administration, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the DepositorSponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkYork Mellon, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West7W, New York, NY New York, 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank BNY Mellon Trust of New York (Delaware), ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇▇▇, Delaware 19711▇▇▇▇▇▇▇▇, ▇▇▇▇▇, Attention: Corporate Trust AdministrationServices; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked “Attention: Office Administrative Trustees of ▇▇▇▇▇▇▇ ▇▇▇▇▇ Capital II”; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (Goldman Sachs Group Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Sky Financial Group, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the AdministratorsAdministrative Trustees, the Trust, the Placement Agent, or the Issuer Trust Purchaser shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Sky Financial Capital Trust III,” (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee, (e) with respect to the Placement Agent, to SunTrust Capital Markets, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, N.E., 24th Floor, Mail Code 3950, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇, and (f) with respect to the Purchaser, to SunTrust Equity Funding, LLC, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Huntington Bancshares Inc/Md)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to The Bear ▇▇▇▇▇▇▇ Companies Inc., ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Office of the Corporate Secretary, facsimile noFacsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other (until another address as may be specified in a written is designated by notice by the Depositor to the Property TrusteeTrustees). Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published designated by notice to the Issuer Trustother parties hereto) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust AdministrationFinance Group; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), 502 ▇▇▇▇▇ ▇▇▇▇ Center, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration▇▇ ▇▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Bear ▇▇▇▇▇▇▇ Capital Trust __” and (d) with respect to the Trust, c/o The Bear ▇▇▇▇▇▇▇ Companies Inc., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, Attention: Corporate Secretary.” . Such notice, demand or other communication to or upon the Issuer Trust, the Administrative Trustees, the Property Trustee or the Administrators Delaware Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Administrative Trustees, the Property Trustee or the Delaware Trustee, or such Administratoras the case may be.

Appears in 1 contract

Sources: Trust Agreement (Bear Stearns Capital Trust Iv)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to GAINSCO, INC., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇Suite 1200, ▇▇▇ ▇▇▇▇Dallas, ▇▇ ▇▇▇▇▇Texas 75219, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇ ▇▇▇▇▇▇ North, New YorkWilmington, NY 10286Delaware 19890-0001, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇ ▇▇▇▇▇▇ North, NewarkWilmington, Delaware 1971119890-0001, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the SecretaryGAINSCO Capital Trust I Administrators.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Gainsco Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Crystal River Capital, Inc., Three World Financial Center, 2▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ 10th Floor, New York, New York 10281, Attention: C▇▇▇▇▇▇▇▇, ▇▇▇ ▇. ▇▇▇, ▇▇ ▇▇▇▇▇President and Chief Executive Officer, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The Bank of New YorkYork Trust Company, National Association, 6▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Global Corporate Trust – CDO Group, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇ (initially, all notices and correspondence shall be addressed to M▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 Westtelephone (▇▇▇) ▇▇▇-▇▇▇▇), New York, NY 10286, Attention: Corporate Trust Administration; (bii) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), 100 W▇▇▇▇ ▇▇▇▇ Center, R▇▇▇▇ ▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Global Corporate Trust Administration– CDO Group, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (ciii) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Crystal River Preferred Trust I”, and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Crystal River Capital, Inc.)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital the Trust Preferred Securities, to such Holder of the Trust Preferred Securities as such HolderSecurityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to Indian River Banking Company, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile Facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Holders of the Trust Preferred Securities shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trust, the Resident Trustee, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York▇▇▇▇▇ Fargo Bank, National Association, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇ ▇▇▇, New York▇▇▇▇▇▇▇▇▇▇, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Resident Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ Fargo Delaware Trust Company at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇ ▇▇▇, Newark▇▇▇▇▇▇▇▇▇▇, Delaware 19711, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇ ▇▇▇▇▇; and (c) with respect to the AdministratorsTrust or the Administrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of the SecretaryCapital Trust.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Resident Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Resident Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Alabama National Bancorporation)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ▇▇▇▇▇▇▇'▇▇▇▇, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Little Rock, Arkansas 72201, Attention: Office of the Secretary, facsimile no.: (▇▇▇501) ▇▇▇-▇▇▇▇ 376-_______ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, . mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: the (a) with respect to the Property Trustee to The Bank of New YorkChase Manhattan Bank, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇ ▇▇▇▇, New York, NY 10286▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Chase Manhattan Bank of New York (Delaware), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: " Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Dillards Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to U.S. Home & Garden Inc., ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, San Francisco, California, 94111, Attention: , ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property TrusteePresident. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇ , New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust AdministrationDepartment; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” U.S. HOME & GARDEN TRUST I." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Us Home & Garden Trust I)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership c/o NorthStar Realty Finance Corp., ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to NorthStar Realty Finance Corp., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Chief Financial Officer, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Guarantor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or madewithin three (3) Business Days following delivery by mail, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand except that if a notice or other communication to document is refused delivery or upon the Depositor cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been sufficiently given delivered on the date of such refusal or made only upon actual receipt of the writing by the Depositor. inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee and the Delaware Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-, Route 273, Newark, Delaware 19711▇▇▇, Attention: Corporate Trust AdministrationCapital Markets, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (cb) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of NorthStar Realty Finance Trust VII,” and (c) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Northstar Realty)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor Sponsor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder of Trust Preferred Securities as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the a Holder of Trust Common Securities or the DepositorSponsor, to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇San Francisco, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇California 94104, Attention: Office of the SecretaryCorporate Treasurer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank its Corporate Trust Office; (b) with respect to the Delaware Trustee, to its address specified in Section 2.2; (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked “Attention: Administrative Trustees of New York, ▇▇▇▇▇▇ Capital Trust I and Corporate Treasurer of The ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration▇ Corporation”; and (bd) with respect to the Delaware Trustee Trust, to The Bank of New York (Delaware)its principal office specified in Section 2.2, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect copy to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee. The Property Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Trust Agreement given by the Sponsor, or provided, however, that: (i) the Sponsor, subsequent to such Administratorfacsimile transmission of written instructions and/or directions, shall provide the originally executed instructions and/or directions to the Property Trustee in a timely manner and (ii) such originally executed instructions and/or directions shall be signed by an Authorized Officer of the Sponsor.

Appears in 1 contract

Sources: Trust Agreement (Schwab Charles Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to AssuranceAmerica Corporation, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary▇▇. ▇▇▇▇▇▇▇▇ ▇. Stumbaugh, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇ ▇▇▇▇▇▇ North, New YorkWilmington, NY 10286Delaware 19890-0001, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇ ▇▇▇▇▇▇ North, NewarkWilmington, Delaware 1971119890-0001, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the SecretaryAssuranceAmerica Capital Trust I Administrators." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Assuranceamerica Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to The Chubb Corporation, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇New Jersey 07061, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkOne Trust Company, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇, Newark▇▇▇ ▇▇▇▇ ▇▇▇▇▇, (b) with respect to the Delaware 19711Trustee, Attention: Corporate Trust Administrationto Bank One Delaware, Inc., Three ▇▇▇▇▇▇▇▇▇ Centre, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryChubb Capital Trust II." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Chubb Capital Trust Iii)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to M▇▇▇▇▇ S▇▇▇▇▇▇, 1▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), W▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Morgan Stanley)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to National Commerce Financial Corporation, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administrationwith a copy to the Property Trustee at the address set forth in Clause (a); and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the SecretaryNational Commerce Capital Trust II." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (National Commerce Financial Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇State Street Boston Corporation, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The First National Bank of New YorkChicago, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)First Chicago Delaware Inc., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ (c) with respect to the Administrators, to them at the address above for notices ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ marked "Attention: Administrators of State Street Institutional Capital B" and (d) with respect to the DepositorIssuer Trust, marked “Attention: Office of to its principal office specified in Section 2.2, with a copy to the Secretary.” Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (State Street Boston Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to American Coin Merchandising, Inc., 5660 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Office of the Secretary, facsimile no.: (Jero▇▇ ▇. ▇▇▇) ▇▇▇-, ▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trusteeesident. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Delaware 19711, Attention▇▇tention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” AMERICAN COIN MERCHANDISING TRUST I." Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee or such Administratorthe Administrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (American Coin Merchandising Trust Iv)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder Holders of Preferred Securities as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to Old National Bancorp, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Corporate Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee-▇▇▇▇. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee, the Administrators, Trustee or the Issuer Trust Administrators shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New York, . ▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇Trust Company, Floor 8 West, New York, NY 10286National Association, Attention: Corporate Institutional Trust AdministrationServices; (b) with respect to the Delaware Trustee Trustee, to The Chase Manhattan Bank of New York (Delaware)USA, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711National Association, Attention: Corporate Institutional Trust AdministrationServices; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrators of the SecretaryONB Capital Trust [ ]." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Onb Capital Trust Vi)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Whitney Holding Corporation, 2▇▇ ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇New Orleans, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Louisiana 70130, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the AdministratorsAdministrative Trustees, the Trust, the Placement Agent, or the Issuer Trust Purchaser shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New YorkYork Trust Company, N.A., 1▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), W▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Whitney Capital Trust I,” (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee, (e) with respect to the Placement Agent, to [Name of Placement Agent], [Address of Placement Agent], and (f) with respect to the Purchaser, to [Name of Purchaser], [Address of Purchaser]. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Whitney Capital Trust I)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Hanover Capital Mortgage Holdings, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇. ▇▇▇) ▇▇▇-▇▇▇ , or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇, 50th Floor, Houston, Texas 77002, Attention: Institutional Trust Services -- Hanover Statutory Trust I, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇, (ii) with respect to the Delaware Trustee, to Chase Bank of New YorkUSA, National Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Floor 8 WestBuilding 4 (3rd Floor), New YorkNewark, NY 10286Delaware 19713, Attention: Corporate Institutional Trust AdministrationServices -- Hanover Statutory Trust I, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (biii) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of Hanover Statutory Trust I," and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Hanover Capital Mortgage Holdings Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may Sponsor shall be given or served sufficient for every purpose (except as otherwise provided in Section 1.1) hereunder if in writing by deposit thereofand mailed, first-class first class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to PrivateBancorp, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryGeneral Counsel, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be be, specified in a written notice by the Depositor Holder of the Common Securities or the Sponsor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmissionmailing. Such notice, demand or other communication to or upon the Depositor Sponsor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the DepositorSponsor. Any notice, demand or other communication which that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇▇▇▇ Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, ▇▇▇▇Square North, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked “Attention: Office Administrative Trustees of PrivateBancorp Capital Trust IV”; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Declaration of Trust (Privatebancorp, Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesTrust Preferred Securityholder, to such Holder Trust Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Paradigm Bancorporation, Inc., ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary▇▇▇▇▇ ▇. ▇▇▇▇▇▇, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or ▇. Any notice to Trust Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkFirst Union Trust Company, National Association, One ▇▇▇▇▇▇ Square, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)First Union Trust Company, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust AdministrationNational Association at the above address; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryCapital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Paradigm Capital Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to Wintrust Financial Corporation, 727 North Bank Lane, Lake Forest, Illinois 60045, Attention: David A. ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇.: (847) 234-▇▇▇, ▇. ▇▇▇ ▇▇▇▇, ▇▇ to Preferred Securityholders shall also be ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ owners as have, Attention: Office within two years preceding the giving of the Secretarysuch notice, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: by (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodney Square North, 1100 North Market Street, Wilmington, Delawa▇▇ ▇▇▇90-0001, Attention: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇elaware Trustee, Route 273, Newark, Delaware 19711, Attention: Corporate to Wilmington Trust AdministrationCompany at the above address; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “AttentionAAttention: Office "dministrative Trustees of the SecretaryCapital Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Wintrust Financial Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that that, by any provision of this Trust Agreement Declaration of Trust, is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; , and (b) in the case of the Holder of Common Securities Securityholder or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇Highlands Bankshares, ▇▇▇▇ ▇▇▇▇▇▇▇▇Inc., ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary____________ _____________________________________________, facsimile no.: (▇▇▇___) ▇▇▇-▇▇▇▇ or ________. Any notice to Capital Securityholders may also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication that by any provision of this Declaration of Trust is required or permitted to be given or served to or upon the Trust, the Property Trustee, the Delaware Trustee or the Administrative Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (a) with respect to the Property Trustee to Wilmington Trust Company, ▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇: Corporate Trust Administration, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee to Wilmington Trust Company, ▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇: Corporate Trust Administration, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Highlands Capital Trust I". Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Declaration of Trust (Highlands Capital Trust I)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Goldman Sachs Group, Inc., 85 Broad Street, New York, New York 10004, ▇▇▇▇▇▇▇o▇: [ ], facsimile n▇.: [ ]. ▇▇▇▇ ▇▇▇▇▇▇, , ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication munication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, 101 Barclay Street, Floor 21W, New York, New York 10286 - Attention: C▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration▇▇▇▇▇▇▇▇▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), White Clay Center, Route 273, Newark, Delaware 19711, and (c) with res▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators▇▇▇▇▇▇▇▇ Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office "Attention Administrative Trustees of the Secretary.” Goldman Sachs Capital I". Such notice, demand or other communication to or upon t▇ ▇▇ ▇▇on the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Goldman Sachs Group Inc/)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of a Common Securities Security or the Depositor, to ▇▇▇▇▇▇ ▇Public Service Electric and Gas Company, 80 Park Plaza, Newark, New Jersey 07101, Attention: Tre▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee_________________. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustee shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of Wachovia Bank, National Association, 21 South Street, Morristown, New YorkJersey 07960, Attention: Corp▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Delaware Trustee, Floor 8 Westto 920 King Street, New YorkWilmington, NY 10286, Delaware 19801 Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration▇▇▇▇; and ▇▇▇ (c) with respect to the Administrators▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ Administrative Trustee, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustee of the SecretaryPSE&G Capital Trust V c/o Treasurer." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Pse&g Capital Trust Iii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor Sponsor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities Securityholder or the DepositorSponsor, to Covanta Energy Corporation, 40 Lane Road, Fairfield, New Jersey 07004, Attention: Treasurer, facs▇▇▇▇▇ ▇▇▇▇▇.: [ ]; ▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇or to such other Securityholder's name and address as may be specified in a written notice by the Depositor to have been filed with the Property TrusteeTrustee for that purpose within two years preceding such transmission. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. . (a) with respect to the Property Trustee to Bankers Trust Company, [ ], Attention: [ ]; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Rodney Square North, 1100 N. Market Street, Wilmington, Delaware 1989▇, ▇▇▇ention: Corpora▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ - ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ [ ]; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked "Attention Administrative Trustees of Covanta Capital Trust [ ]." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand Trust or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Covanta Capital Trust Iii)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (bii) in the case of the Holder of Common Securities or the Depositor, to First United Corporation, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (ai) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, ▇▇▇ ▇Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the Secretary.” Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.▇▇

Appears in 1 contract

Sources: Trust Agreement (First United Corp/Md/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Commercial Capital Bancorp, Inc., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the SecretaryChief Financial Officer, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Deutsche Bank of New YorkTrust Company Americas, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇ ▇▇▇▇, Newark, Delaware 19711▇▇ ▇▇▇▇▇, Attention: Corporate Trust Administrationand Agency Services, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee, to Deutsche Bank Trust Company Delaware, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Services, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of CCB Capital Trust IX,” and (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Commercial Capital Bancorp Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securities, the Depositor or the DepositorGuarantor, to Popular North America, Inc., ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Avenue, ▇▇▇▇ ▇▇▇▇San ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Puerto Rico 00918, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ _________, or to such other address as may be specified in a written notice by the Depositor Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust AdministrationYork Mellon [address to come]; (b) with respect to the Delaware Trustee Trustee, to The Bank BNY Mellon Trust of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c[address to come];(c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of Popular North America Capital Trust __"; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (Popular North America Capital Trust Iii)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (bii) in the case of the Holder of Common Securities or the Depositor, to American Bancshares, Inc., 4702 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Bradenton, Florida, 34210 Attention: Office of the Secretary, facsimile no.: (▇▇▇941) ▇▇▇-▇▇▇▇ or ▇▇ to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (ai) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, Four Alba▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇tention: Corporate Trust and Agency Group Corporate Market Services; (ii) with respect to the Delaware Trustee to Bankers Trust (Delaware), Mont▇▇▇▇▇▇ ▇▇▇lding, 1011 ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), -▇▇▇▇, ▇▇tention: Lisa ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c▇ii) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ," and (iv) with respect to the Issuer Trust, to the Administrators and the Property Trustee at their respective addresses listed above. Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (American Bancshares Inc \Fl\)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to Auburn National Bancorporation, Inc., ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇, . ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the SecretaryAuburn National Bancorporation Capital Trust I Administrators.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Auburn National Bancorporation Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Bank of New York Company Inc., 48 Wall Street, New York, New York 10286, Attention: Secretary, fa▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇, ▇or to such ▇▇ ▇▇▇▇ other address as may be specified in a written notice ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, hand delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The First National Bank of New YorkChicago, One First National Plaza, Suite 0126, Chicago, Illinois 60670, Att▇▇▇▇▇▇: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇he Delaware Trustee, to First Chicago Delaware Inc., 300 King Street, Wilmington, Delaware 19801, Attention: Michael J. ▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇trative Trust▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the ▇▇ ▇▇▇▇ ▇▇ ▇▇▇ address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of BNY Capital III"; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee or such AdministratorAdministrative Trustee, as the case may be.

Appears in 1 contract

Sources: Trust Agreement (Bank of New York Co Inc)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to W▇▇▇▇▇▇ Financial Corporation, W▇▇▇▇▇▇ Plaza, 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Executive Vice President, General Counsel and Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the DepositorSponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee Trustee, to The Bank of New York, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York, 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), W▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust AdministrationServices Division; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the DepositorSponsor, marked “Attention: Office Administrative Trustees of W▇▇▇▇▇▇ Capital Trust IV”; and (d) with respect to the Secretary.” Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such AdministratorAdministrative Trustee.

Appears in 1 contract

Sources: Trust Agreement (Webster Financial Corp)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Preferred Capital Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇CenterState Banks, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Inc., Attention: Office of the Secretary__________ __________ __________, facsimile no.: (▇▇▇( ) ▇▇▇_____-▇▇▇▇ __________ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York, NY 10286▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark, Delaware 19711▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked “Attention: Office of the SecretaryCenterState Banks Statutory Trust [ ] Administrators.” Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Centerstate Banks of Florida Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Hawthorne Financial Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (a) with respect to the Property Trustee to The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY New York 10286, Attention: Corporate Trust Administration, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of HFC Capital Trust IV", and (d) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Hawthorne Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Deerfield Triarc Capital Corp., ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇, ▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇, 50th Floor, Houston, Texas 77002, Attention: Worldwide Securities Services—Deerfield Triarc Capital Trust II, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; initially, all correspondence shall be addressed to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, telephone (▇▇▇) ▇▇▇-▇▇▇▇, (ii) with respect to the Delaware Trustee, to Chase Bank of New YorkUSA, National Association, c/o JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Floor 8 WestBuilding 4 (3rd Floor), New YorkNewark, NY 10286Delaware 19713, Attention: Corporate Worldwide Securities Services—Deerfield Triarc Capital Trust AdministrationII, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (biii) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Office Administrative Trustees of Deerfield Triarc Capital Trust II”, and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Deerfield Triarc Capital Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (bii) in the case of the Holder of Common Securities or the Depositor, to Sun Bancorp, Inc., ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇Vineland, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇New Jersey 08360, Attention: Office of the Secretary, facsimile no.: (▇▇▇609) ▇▇▇-▇▇▇▇ 691- 7131 or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. . (b) Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkBankers Trust Company, Four ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware)▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” ". Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Sun Capital Trust Ii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of a Common Securities Security or the Depositor, to Public Service Electric and Gas Company, 80 Park Plaza, Newark, New Jersey 07101, Attention: Treasurer, f▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, .: _________________. ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ or to such other address as may be specified in a written notice by the Depositor to the Property Trustee. Such noticeice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustee shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of Wachovia Bank, National Association, 21 South Street, Morristown, New YorkJersey 07960, Attention: Corp▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇; (▇) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Delaware Trustee, Floor 8 Westto 920 King Street, New YorkWilmington, NY 10286, Delaware 19801 Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration▇▇▇▇; and ▇▇▇ (c) with respect to the Administrators▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ Administrative Trustee, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustee of the SecretaryPSE&G Capital Trust VII c/o Treasurer." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Pse&g Capital Trust Iii)

Reports, Notices and Demands. Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder Securityholder as such Holder’s Securityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to MegaBank Financial Corporation, 8100 ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attentiontention: Office of the Secretary, facsimile noChief Executive Officer; Facsimile No.: (▇▇▇303) ▇▇▇-▇▇▇▇ or ▇. ▇ny notice to the Holders of the Preferred Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Depositor to giving of such notice, filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property TrusteeTrust, the Delaware Trustee, the Administrators, Property Trustee or the Issuer Trust Administrative Trustees shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: (a) with respect to the Property Trustee to The Bank of New YorkWilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West▇▇▇▇▇▇▇▇▇▇, New York▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, NY 10286, Attention▇▇tention: Corporate Trust Administration; (b) with respect to the Delaware Trustee Trustee, to The Bank of New York (Delaware)Wilmington Trust Company, Rodn▇▇ ▇▇▇are North, 1100 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Route 273▇▇▇▇▇▇▇▇▇▇, Newark▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Delaware 19711, Attention▇▇tention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of the SecretaryMB Capital I Trust." Such notice, demand or other communication to or upon the Issuer Trust, Trust or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, Trust or the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (Mb Capital I)

Reports, Notices and Demands. Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of Common Securities or the Depositor, to City Holding Company, 25 Gatewater Road, Charleston, West Virginia 25313, Attention: Robert ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: . (▇▇▇) ▇▇▇-▇▇▇▇ or to such ▇▇ ▇▇ ▇▇▇▇ other address as may be specified addres▇ ▇▇ ▇▇▇ ▇▇ ▇▇▇▇ified in a written notice by the writt▇▇ ▇▇▇▇▇▇ ▇▇ ▇he Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust shall be given in writing addressed (until another address is published by the Issuer Trust) as follows: . (a) with respect to the Property Trustee to The Bank of Chase Manhattan Bank, 450 West 33rd Street, 15th Floor, New York, NY 10001, Attention: Corpo▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8 West, New York, NY 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (▇) ▇▇▇▇ ▇▇▇▇ect to the Delaware Trustee to Chase Manhattan Bank Delaware, Route 2731201 Market Street, NewarkWilmington, Delaware 1971119801, Attention: Corporate Trust AdministrationT▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇; and (c) with respect ▇▇▇▇ ▇▇▇pect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Office of the Secretary.” Such noticeChief Financial Officer and (d) with respect to the Issuer Trust to City Holding Capital Trust II, demand or other communication c/o City Holding Company, 25 Gatewater Road, Charleston, West Virginia 25313, Attention: Robert ▇. ▇▇▇▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ion to or upon the Issuer Trust, upo▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇st or the Property Trustee or the Administrators shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, or such Administrator.

Appears in 1 contract

Sources: Trust Agreement (City Holding Capital Trust Ii)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder’s 's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to ▇▇▇NorthStar Realty Finance Limited Partnership, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Office of the Secretary, facsimile no.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, or to such other address as may be specified in a written notice by the Depositor Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositor. date of such refusal or inability to deliver. (b) Any notice, demand or other communication which that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrators, Administrative Trustees or the Issuer Trust shall be given in writing by deposit thereof, first-class postage prepaid, in the U.S. mail, personal delivery or facsimile transmission, addressed (until another address is published by the Issuer Trust) to such Person as follows: (ai) with respect to the Property Trustee to The JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇, 50th Floor, Houston, Texas 77002, Attention: Worldwide Securities Services-- NorthStar Realty Finance Trust, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇, (ii) with respect to the Delaware Trustee, to Chase Bank of New YorkUSA, National Association, c/o JPMorgan Chase Bank, National Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Floor 8 WestBuilding 4 (3rd Floor), New YorkNewark, NY 10286Delaware 19713, Attention: Corporate Trust AdministrationWorldwide Securities Services-- NorthStar Realty Finance Trust, facsimile no. (▇▇▇) ▇▇▇-▇▇▇▇; (biii) with respect to the Delaware Trustee to The Bank of New York (Delaware), ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Administration; and (c) with respect to the AdministratorsAdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Office Administrative Trustees of NorthStar Realty Finance Trust", and (iv) with respect to the Secretary.” Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrators Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, Trustee or such Administratorthe Administrative Trustees.

Appears in 1 contract

Sources: Trust Agreement (Northstar Realty)