Common use of Application of Trust Indenture Act Clause in Contracts

Application of Trust Indenture Act. (a) The Trust Indenture Act shall apply as a matter of contract to this Trust Agreement by purposes of interpretation, construction and defining the rights and obligations hereunder. (b) The Property Trustee shall be the only Trustee which is a trustee for the purposes of the Trust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 2 contracts

Samples: Trust Agreement (First Union Institutional Capital Ii), Trust Agreement (First Union Corp)

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Application of Trust Indenture Act. (a) The Trust Indenture Act shall apply as a matter of contract to this Trust Agreement by for purposes of interpretation, construction and defining the rights and obligations hereunder. (b) The Property Trustee shall be the only Trustee which is deemed a trustee for the purposes of the Trust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 1 contract

Samples: Trust Agreement (Us Bancorp Capital I)

Application of Trust Indenture Act. (a) The This Declaration is subject to the provisions of the Trust Indenture Act shall apply as a matter that are required to be part of contract this Declaration and shall, to this Trust Agreement the extent applicable, be governed by purposes of interpretation, construction and defining the rights and obligations hereundersuch provisions. (b) The Property Trustee shall be the only Trustee which is a trustee for the purposes of the Trust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement Declaration by any of the provisions of the Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement Declaration modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement Declaration as so modified or excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement Declaration shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 1 contract

Samples: Declaration of Trust (Provident Companies Inc /De/)

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Application of Trust Indenture Act. (a) The This Trust Agreement is subject to the provisions of the Trust Indenture Act shall apply as a matter that are required to be part of contract to this Trust Agreement and shall, to the extent applicable, be governed by purposes of interpretation, construction and defining the rights and obligations hereundersuch provisions. (b) The Property Trustee shall be the only Trustee which is a trustee for the purposes of the Trust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 1 contract

Samples: Trust Agreement (First Union Corp)

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