Common use of Access to List of Securityholders' Names and Addresses Clause in Contracts

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 2 contracts

Samples: Trust Agreement (Bank of the Ozarks Inc), Trust Agreement (Ozark Capital Trust)

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Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date Record Date (as provided a) to the Property Trustee, semi-annually on or before __________ and __________ in Section 4.01(d)) each year, and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to . The Property Trustee shall comply with the extent provisions of Section 3819 312(b) of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall applyIndenture Act. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner Certificate shall be deemed to have agreed not to hold the Depositor, the Property Trustee Depositor or the Administrative Trustees accountable by reason of the disclosure of its name and address, or by reason of mailing pursuant to a request made under this Section 5.7, regardless of the source from which such information was derived.

Appears in 2 contracts

Samples: Trust Agreement (Harleysville Group Inc), Trust Agreement (Rli Corp)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) April 30 and (b) promptly after receipt by any Administrative Trustee or the Depositor October 31 of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 2 contracts

Samples: Trust Agreement (Metropolitan Capital Trust Ii), Trust Agreement (Metropolitan Financial Corp /Oh/)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in within five Business Days of each yearrecord date, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) date; and (b) promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner beneficial owner of a Trust Preferred Security shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 2 contracts

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

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date Record Date (as provided a) to the Property Trustee, semi-annually on or before and in Section 4.01(d)) each year, and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to . The Property Trustee shall comply with the extent provisions of Section 3819 312(b) of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall applyIndenture Act. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner Certificate shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees any Trustee accountable by reason of the disclosure of its name and address, or by reason of mailing pursuant to a request made under this Section 5.7, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Radian Group Capital Trust II)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The ------------------------------------------------------ Administrative Trustees or the Depositor shall furnish or cause to be furnished to (unless the Property Trustee (ais acting as Securities Registrar with respect to the Trust Securities under the Trust Agreement) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)a) to the Property Trustee, quarterly at least 5 Business Days before each Distribution Date, and (b) to the Property Trustee, as promptly as practicable after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (United Rentals Inc /De)

Access to List of Securityholders' Names and Addresses. At any time when In the event that the Property Trustee is not also acting as no longer the Securities Registrar, the Administrative Regular Trustees or the Depositor shall furnish or cause to be furnished (i) to the Property Trustee, quarterly not later than 10 days prior to a Distribution Date, and (ii) to the Property Trustee, promptly after receipt by the Regular Trustees or the Depositor of a request therefor from the Property Trustee (a) semi-annually on or before January 15 and July 15 in each yearorder to enable the Paying Agent to pay Distributions in accordance with Section 4.01 hereof, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreementdate, in each case to the extent such information is in the possession or control of the Administrative Regular Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities RegistrarTrustee. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee Trustee, shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee Depositor or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement and Agreement (Hawaiian Electric Industries Inc)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) _________ and (b) promptly after receipt by any Administrative Trustee or the Depositor ________ of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Metropolitan Capital Trust I)

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Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative The Regular Trustees or the Depositor Sponsor shall furnish or cause to be furnished to (unless the Property Trustee (ais acting as Securities Registrar with respect to the Trust Securities under the Trust Agreement) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)a) to the Property Trustee quarterly at least five Business Days before each Distribution Date, and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor Sponsor of a written request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Regular Trustees or the Depositor Sponsor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the DepositorSponsor, the Property Trustee or the Administrative Regular Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (HPT Capital Trust I)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (a) to the Property Trustee (a) semi-annually on or before January Trustee, semiannually, not more than 15 days after _____________ __ and July 15 _____________ __ in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) such ______________ __ and ____________ __ and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee Trustee, to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee Trustee, shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee, the Delaware Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Agreement (Hl&p Capital Trust Iv)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 not more than 5 days after each record date for payment of Distributions, and July 15 at such other time as the Property Trustee may request in each yearwriting within 30 days after receipt by the Depositor of any such request, a list, in such form as the Property Trustee may reasonably requirerequire containing all information in the possession or control of the Depositor other than the Property Trustee, of as to the names and addresses of the Securityholders obtained (in the case of each list other than the first list) since the date as of which the next previous list was furnished; provided that the Depositor shall not be obligated to provide such list of Securityholders at any time the list of Securityholders does not differ from the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or the Depositor list of a request therefor from the Property Trustee, the list referred Securityholders given to in Section 5.07(a) above and/or such other information as the Property Trustee by the Depositor. Any such list may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case be dated as of a date not more than fifteen days prior to the extent time such information is in the possession furnished or control of the Administrative Trustees or the Depositor caused to be furnished, and is need not identical to a previously supplied list or has not otherwise been include information received by the Property Trustee in its capacity as Securities Registrarafter such date. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding obligations and rights of the Property Trustee Trustee, shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Dominion Resources Inc /Va/)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (a) to the Property Trustee (a) semi-annually on or before January Trustee, semiannually, not more than 15 days after ______________ __ and July 15 ______________ __ in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) such ____________ __ and _____________ __ and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee Trustee, to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee Trustee, shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee, the Delaware Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Agreement (Hl&p Capital Trust Iv)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) ______ __ and (b) promptly after receipt by any Administrative Trustee or the Depositor ________ __ of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and the Property Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed agrees not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Crescent Capital Trust I)

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