Common use of Trust Indenture Act; Application Clause in Contracts

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 273 contracts

Sources: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 93 contracts

Sources: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Alabama Power Capital Trust Iv), Guarantee Agreement (Georgia Power Co)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 84 contracts

Sources: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (Virginia Electric & Power Co), Guarantee Agreement (Lehman Brothers Holdings Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 33 contracts

Sources: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (PPL Corp), Guarantee Agreement (Tu Electric Capital I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shallshall be governed, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 21 contracts

Sources: Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (Washington Mutual Capital Trust 2001), Guarantee Agreement (New York Community Capital Trust I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 11 contracts

Sources: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii), Guarantee Agreement (Rouse Company)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 11 contracts

Sources: Guarantee Agreement (Nevada Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Ual Corp /De/)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 10 contracts

Sources: Preferred Securities Guarantee Agreement (Northwestern Corp), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Guarantee Agreement (Tu Electric Capital I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 3.10 to 3173.17, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 9 contracts

Sources: Guarantee Agreement (Principal Financial Group Inc), Guarantee Agreement (Hartford Capital Iv /De/), Guarantee Agreement (AmerUs Capital V)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 9 contracts

Sources: Guarantee Agreement (Nextera Energy Inc), Guarantee Agreement (NextEra Energy Partners, LP), Guarantee Agreement (NextEra Energy Partners, LP)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement Guarantee, which are incorporated by reference hereto, and shall, to the extent applicable, be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 8 contracts

Sources: Preferred Securities Guarantee Agreement (Union Pacific Capital Trust), Preferred Securities Guarantee Agreement (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be a part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 8 contracts

Sources: Capital Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Capital Securities Guarantee Agreement (Household International Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are or would be required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 8 contracts

Sources: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. A term defined in the Trust Indenture Act has the same meaning when used in this Agreement unless otherwise defined in this Agreement or unless the context otherwise requires. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 8 contracts

Sources: Limited Liability Company Agreement (Deutsche Bank Contingent Capital LLC V), Limited Liability Company Agreement (Deutsche Bank Contingent Capital LLC III), Limited Liability Company Agreement (Deutsche Bank Contingent Capital LLC II)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 7 contracts

Sources: Guarantee Agreement (Amerus Capital I), Guarantee Agreement (Usf&g Corp), Guarantee Agreement (Pacific Gas & Electric Co)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such duties imposed duties by the Trust Indenture Act shall control.

Appears in 7 contracts

Sources: Preferred Securities Guarantee Agreement (Great Western Financial Trust Iii), Capital Securities Guarantee Agreement (Great Western Financial Trust Iii), Preferred Securities Guarantee Agreement (Great Western Financial Trust I /De/)

Trust Indenture Act; Application. (a) This Guarantee GUARANTEE Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee GUARANTEE Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement GUARANTEE limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 7 contracts

Sources: Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Iv)

Trust Indenture Act; Application. (a) This As a matter of contract, this Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are or would be required to be part of this Guarantee Agreement if the Trust Indenture Act were applicable and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 6 contracts

Sources: Guarantee Agreement (Proffitts Capital Trust V), Guarantee Agreement (First Union Institutional Capital Ii), Guarantee Agreement (First Union Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 6 contracts

Sources: Guarantee Agreement (Mp&l Capital I), Guarantee Agreement (Entergy Gulf States Capital I), Guarantee Agreement (Entergy Gulf States Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the deemed duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed deemed duties shall control.

Appears in 5 contracts

Sources: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II)

Trust Indenture Act; Application. (a) This Trust Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Trust Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Trust Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 5 contracts

Sources: Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I), Trust Guarantee Agreement (Heco Capital Trust Ii), Trust Guarantee Agreement (Hawaiian Electric Co Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317318, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 4 contracts

Sources: Guarantee Agreement (Cna Financial Corp), Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of will not be qualified under the Trust Indenture Act that are required except upon the effectiveness of a registration statement with respect to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisionsAgreement. (b) If Upon qualification under the Trust Indenture Act as contemplated in clause (a) above, if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 4 contracts

Sources: Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Highlands Capital Trust I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections (S)(S) 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 3 contracts

Sources: Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this the Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that that, any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 3 contracts

Sources: Guarantee Agreement (Republic New York Capital Iv), Junior Subordinated Indenture (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital Ii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Associates First Capital Iii), Guarantee Agreement (Chase Manhattan Corp /De/)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are would be required to be part of this Guarantee Agreement in order for this Guarantee Agreement to be a qualified indenture under the Trust Indenture Act and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Cox Communications Inc /De/), Guarantee Agreement (Mutual Risk Management LTD)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture ActAct through the operation of Section 318(c) thereof, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Alabama Power Capital Trust I), Guarantee Agreement (Alabama Power Co)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control. (c) The application of the Trust Indenture Act to this Guarantee Agreement shall not affect the nature of the Preferred Securities as equity securities representing preferred undivided beneficial interests in the assets of the Issuer.

Appears in 2 contracts

Sources: Guarantee Agreement (Ccci Capital Trust Iii), Guarantee Agreement (Ubs Americas Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of will be qualified under the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisionsAct. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

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

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such duties imposed duties by the Trust Indenture Act shall control.

Appears in 2 contracts

Sources: Preferred Securities Guarantee Agreement (Southwest Gas Corp), Preferred Securities Guarantee Agreement (Southwest Gas Capital I)

Trust Indenture Act; Application. (a) This Guarantee -------------------------------- Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Eix Trust Iii), Guarantee Agreement (United Rentals Inc /De)

Trust Indenture Act; Application. (a) This Exchange Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Exchange Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Exchange Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Exchange Guarantee Agreement (Symons International Group Inc), Exchange Guarantee Agreement (Superior National Insurance Group Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is not subject to the provisions of the Trust Indenture Act that are required to be part of this Act, but the Guarantee Agreement and shallis intended to comply with the requirements of Sections 310 to 317, to inclusive, of the extent applicable, be governed by such provisions. (b) Trust Indenture Act. If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Capital Securities Guarantee Agreement (Crestar Financial Corp), Capital Securities Guarantee Agreement (Aon Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shalland, to the extent applicable, shall be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties of the Trust Indenture Act shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is -------------------------------- subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Auto Marketing Network Inc), Guarantee Agreement (Provident Capital Trust Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) . If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Preferred Securities Guarantee Agreement (Titan Corp), Guarantee Agreement (Visteon Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (Covanta Capital Trust Iii), Guarantee Agreement (Idacorp Trust Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 2 contracts

Sources: Guarantee Agreement (State Street Corp), Guarantee Agreement (State Street Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Star Capital I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is -------------------------------- not subject to the provisions of the Trust Indenture Act that are required to be part of this Act, but the Guarantee Agreement and shallis intended to comply with the requirements of Sections 310 to 317, to inclusive, of the extent applicable, be governed by such provisions. (b) Trust Indenture Act. If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Capital Securities Guarantee Agreement (DPL Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.; and

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Northwestern Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Pmi Capital I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If If, and to the extent that that, any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Republic New York Capital I)

Trust Indenture Act; Application. (a) This Guarantee --------------------------------- Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (SJG Capital Trust)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the deemed duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such deemed imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Bear Stearns Capital Trust Iv)

Trust Indenture Act; Application. (ai) This Guarantee Trust Agreement is subject to the provisions of the Trust Indenture Act that are required to be a part of this Guarantee Trust Agreement and shall, to the extent applicable, be governed by such provisions. ; (bii) If if and to the extent that any provision of this Guarantee Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.; (iii) for purposes of this Trust Agreement, the Property Trustee, to the extent permitted by applicable law and/or the

Appears in 1 contract

Sources: Trust Agreement (Success Bancshares Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Pacific Telesis Financing Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.;

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Ati Financing Ii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Partnerre LTD)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this This Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of has been qualified under the Trust Indenture Act, such imposed duties shall control.; and

Appears in 1 contract

Sources: Guarantee Agreement (Greenpoint Financial Corp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Us West Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Act, and the Guarantee Agreement and shallis intended to comply with the requirements of Sections 310 to 317, to inclusive, of the extent applicable, be governed by such provisions. (b) Trust Indenture Act. If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Capital Securities Guarantee Agreement (Suntrust Banks Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control. (c) undivided beneficial interests in the relevant Related Note held by the Trust.

Appears in 1 contract

Sources: Guarantee Agreement (Morgan J P Index Funding Co I)

Trust Indenture Act; Application. (a1) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b2) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Silicon Valley Bancshares)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.; and

Appears in 1 contract

Sources: Guarantee Agreement (Entergy London Capital Lp)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (First Niagara Financial Group Inc)

Trust Indenture Act; Application. (ai) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (bii) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Senior Debt Securities Guarantee Agreement (Partnerre LTD)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Great West Life & Annuity Insurance Capital I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections ▇▇.▇▇. 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Mediaone Group Inc)

Trust Indenture Act; Application. (a) a. This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) b. If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Pioneer Standard Electronics Inc)

Trust Indenture Act; Application. (a) This Although this Guarantee Agreement is subject to the provisions of shall not be qualified under the Trust Indenture Act that are required to Act, it shall be part of this Guarantee Agreement and shall, governed by the provisions thereof to the extent applicable, be governed by such provisionsprovided herein as though it were subject thereto. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Delphi Financial Group Inc/De)

Trust Indenture Act; Application. (a) This As a matter of --------------------------------- contract, this Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Central Fidelity Capital Trust I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.; and (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such duties imposed duties by the Trust Indenture Act shall control.

Appears in 1 contract

Sources: Declaration of Trust (NVP Capital Iii)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. ; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Tu Electric Capital Iii)

Trust Indenture Act; Application. (a) This Convertible Debenture Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Convertible Debenture Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Convertible Debenture Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Convertible Debenture Guarantee Agreement (Weatherford International LTD)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions pro- visions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicableappli- cable, be governed by such provisions.; and (b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Western Resources Inc /Ks)

Trust Indenture Act; Application. (a) This Guarantee Agreement ________________________________ is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Provident Capital Trust I)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If ; and if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, any provision of the Trust Indenture Act, such imposed duties provision of the Trust Indenture Act shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Lone Star Technologies Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement, which are incorporated by reference in and made part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) . If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Preferred Securities Guarantee Agreement (Calpine Capital Trust)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If ; and if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Indenture (KCS Energy Inc)

Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are or would be required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to Section 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

Appears in 1 contract

Sources: Guarantee Agreement (Hancock John Capital Trust Ii)