Common use of Acknowledgment of Rights Clause in Contracts

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures held by the Trust or a trustee of the Trust, if the Property Trustee fails to enforce its rights under this Indenture as the holder of the Debentures held as the assets of the Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or after the respective due date specified in the Debentures.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the a MetLife Trust or a trustee of the such Trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the such MetLife Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or as determined after the respective due date specified in the Debenturesapplicable series of Securities.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures held by the Trust or a trustee of the Trust, if the Property Trustee fails to enforce its rights under this Indenture as the holder of the Debentures held as the assets of the Trust, any holder of Trust Preferred Capital Securities may, to the extent permitted under applicable law, institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Capital Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Capital Securities of such holder on or after the respective due date specified in the Debentures.

Acknowledgment of Rights. The Company acknowledges that, with respect to any series of Debentures held by the a Trust or a trustee of the such Trust, if the applicable Property Trustee fails to enforce its rights under this Indenture as the holder of the such Debentures held as the assets of the such Trust, any holder of Trust the applicable Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default with respect to a series of Debentures has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the such Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust the applicable Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the such Debentures having a principal amount equal to the aggregate liquidation amount of the Trust such Preferred Securities of such holder on or after the respective due date specified in the such Debentures.

Acknowledgment of Rights. The Company Corporation acknowledges that, with respect to any Debentures Securities held by the a General Motors Capital Trust or a trustee of the Trustsuch trust, if the Property Institutional Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the such General Motors Capital Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company Corporation to enforce such Property Institutional Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Institutional Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company Corporation to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company Corporation acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or after the respective due date specified in the Debenturesapplicable series of Securities.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the an American Equity Trust or a trustee of the such Trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the such American Equity Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or as determined after the respective due date specified in the Debenturesapplicable series of Securities.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the Trust or a trustee of the Trustsuch trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures Securities held as the assets of the Trust, Trust any holder of Trust Preferred Securities may, to the full extent permitted under applicable by law, institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay principal of or premium, if any, or interest or principal on the Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date)Securities when due, the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or premium, if any, or interest on the Debentures Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or after the respective due date specified in the DebenturesSecurities.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the a GBL Trust or a trustee of the such Trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the such GBL Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or as determined after the respective due date specified in the Debenturesapplicable series of Securities.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the an American Equity Trust or a trustee of the such Trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the such American Equity Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or as determined after the respective due date specified in the Debenturesapplicable series of Securities. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. But all such counterparts shall together constitute but one and the same instrument.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures held by the Trust or a trustee of the Trust, if the Property Trustee fails to enforce its rights under this Indenture as the holder of the Debentures held as the assets of the Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder (subject to Article XVI hereof) of the principal of or interest on the Debentures having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or after the respective due date specified in the Debentures; and the Company's payment of any such amount to a holder of Preferred Securities shall discharge the Company's obligation to pay such amount of principal or interest under such Debentures.

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the a Trust or a trustee of the Trustsuch trust, if the Property Trustee of such trust fails to enforce its rights under this Indenture as the holder Holder of the Debentures series of Securities held as the assets of the such Trust, any holder of Trust Preferred Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such the Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount preference of the Trust Preferred Securities of such holder on or after the respective due date specified in the Debentures.applicable series of Securities. [Signature Page Follows]

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures Securities held by the Interpool Capital Trust or a trustee of the Trustsuch trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Debentures series of Securities held as the assets of the Interpool Capital Trust, any holder of Trust Preferred Capital Securities may, to the extent permitted under applicable law, may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Preferred Capital Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the Debentures applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Capital Securities of such holder on or after the respective due date specified in the Debentures.applicable series of Securities. 64 ARTICLE

Acknowledgment of Rights. The Company acknowledges that, with respect to any Debentures held by the NCBE Trust or a trustee of the Trustsuch trust, if the Property Trustee fails to enforce its rights under this Indenture as the holder Holder of the Debentures held as the assets of the TrustDebentures, any holder Holder of Trust Preferred Securities may, to the extent permitted under applicable by law, institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoingSection 7.4, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Debentures Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption dateRedemption Date), the Company acknowledges that a holder Holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder Holder of the principal of or interest on the Debentures Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder Holder on or after the respective due date specified in the DebenturesSecurities. This Indenture may not be amended to remove the foregoing direct right of action without the prior written consent of all Holders of Preferred Securities. The Company shall have a right of set-off under this Indenture for any payment so made to such Holder.