Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that: (a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and (b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 12 contracts
Sources: Trust Agreement (State Street Boston Corp), Trust Agreement (Colonial Bancgroup Inc), Trust Agreement (Bt Capital Trust B)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 6 contracts
Sources: Trust Agreement (Bank of New York Co Inc), Trust Agreement (Bank of New York Co Inc), Trust Agreement (Bank of New York Co Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the each Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 6 contracts
Sources: Trust Agreement (Compass Trust Ii), Trust Agreement (Fifth Third Bancorp), Trust Agreement (Banponce Trust Ii)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 5 contracts
Sources: Trust Agreement (Scana Corp), Trust Agreement (South Carolina Electric & Gas Co), Trust Agreement (Sea Pines Associates Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 4 contracts
Sources: Trust Agreement (Jeffbanks Inc), Trust Agreement (First Empire State Corp), Trust Agreement (Jeffbanks Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery Closing Date on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either any Issuer Trustee of this Trust Agreement.
Appears in 3 contracts
Sources: Trust Agreement (Superior Bancorp), Declaration of Trust and Trust Agreement (Popular Inc), Exchange Agreement
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery Closing Date on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 3 contracts
Sources: Trust Agreement (Popular North America Capital Trust Iii), Trust Agreement (Banponce Corp), Trust Agreement (Popular North America Capital Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Closing Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, and, subject to payment therefor, issued and delivered by the Issuer Trustees Trust pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Administrators or Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 3 contracts
Sources: Trust Agreement (United Community Capital Trust), Trust Agreement (City Holding Capital Trust Ii), Trust Agreement (City Holding Capital Trust)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the each Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the applicable Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee of this Trust Agreement.
Appears in 3 contracts
Sources: Trust Agreement (Everest Reinsurance Holdings Inc), Trust Agreement (Everest Re Group LTD), Trust Agreement (Everest Re Capital Trust Iii)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Southern States Capital Trust Ii), Trust Agreement (Southern States Capital Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the applicable Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee of this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Everest Re Capital Trust), Trust Agreement (Everest Re Group LTD)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery each Closing Date on behalf of the Issuer Trust have been duly authorized and will have been been, duly and validly executed, issued and delivered by the Issuer Trustees Administrators and the Property Trustee pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (Onb Capital Trust Iv), Trust Agreement (HCC Capital Trust Ii)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the The Trust Securities Certificates issued at the Time of Delivery Closing on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, and, subject to payment therefor, issued and delivered by the Issuer Trustees Property Trustee pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there There are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees Property Trustee on behalf of the Issuer Trust) under the laws of the State of Delaware Connecticut or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Gainsco Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; andand 250
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Sce&g Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the each Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either any Issuer Trustee of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (National City Preferred Capital Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery each Closing Date on behalf of the Issuer Trust have been duly authorized and will have been been, duly and validly executed, issued and delivered by the Issuer Trustees at least one Administrator pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 1 contract
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery Closing Due on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (Dillards Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at on the Time of Delivery Closing Date on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (HSB Group Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the each Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either any Issuer Trustee of this Trust Agreement.
Appears in 1 contract
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 1 contract
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Closing Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, and, subject to payment therefor, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.and
Appears in 1 contract
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the each Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 1 contract
Sources: Trust Agreement (NTC Capital Iii)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Holders will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the state laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either any Issuer Trustee of this Trust Agreement.
Appears in 1 contract
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Holders that:
(a) the Trust Securities Certificates issued at the Time of Delivery each Closing Date on behalf of the Issuer Trust have been duly authorized and will have been duly and validly executed, issued and delivered by the Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by either Issuer Trustee of this Trust Agreement.
Appears in 1 contract