Authorized Trust Securities Clause Samples

Authorized Trust Securities. The Trust shall be authorized to issue one series of Preferred Securities having an aggregate Liquidation Amount of $10,000,000 and one series of Common Securities having an aggregate Liquidation Amount of $310,000. SECTION 5.3. Issuance of the Common Securities; Subscription and Purchase of Notes. On the Closing Date, an Administrative Trustee, on behalf of the Trust, shall execute and deliver to the Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing an aggregate of 310 Common Securities having an aggregate Liquidation Amount of $310,000, against receipt by the Trust of the aggregate purchase price of such Common Securities of $310,000. Contemporaneously therewith and with the sale by the Trust to the Holders of an aggregate of 10,000 Preferred Securities having an aggregate Liquidation Amount of $10,000,000, an Administrative Trustee, on behalf of the Trust, shall subscribe for and purchase from the Depositor Notes, to be registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to $10,310,000, and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Trust, shall deliver to the Depositor the sum of $10,310,000 (being the aggregate amount paid by the Holders for the Preferred Securities and the amount paid by the Depositor for the Common Securities).

Authorized Trust Securities. The Trust shall be authorized to issue two series of Preferred Securities having an aggregate Liquidation Amount of $36,250,000 (made up of Series A Preferred Securities having an aggregate Liquidation Amount of $15,000,000 and Series B Preferred Securities having an aggregate Liquidation Amount of $21,250,000) and two series of Common Securities having an aggregate Liquidation Amount of $1,130,000 (made up of Series A Common Securities having an aggregate Liquidation Amount of $452,000 and Series B Common Securities having an aggregate Liquidation Amount of $678,000).

Authorized Trust Securities. The Trust shall be authorized to issue one series of Preferred Securities having an aggregate Liquidation Amount of $__________ and one series of Common Securities having an aggregate Liquidation Amount of $__________.

Authorized Trust Securities. The Trust shall be authorized to issue one series of Preferred Securities having an aggregate Liquidation Amount of $18,750,000 and one series of Common Securities having an aggregate Liquidation Amount of $464,000.” SECTION 4. Section 5.3. Section 5.3 of the Amended and Restated Trust Agreement is replaced in its entirety with the following: “SECTION 5.3. Issuance of the Trust Securities. On the Amendment Date, contemporaneously with the issuance by the Trust to the Holder of an aggregate of 18,750 Preferred Securities having an aggregate Liquidation Amount of Eighteen Million Seven Hundred Thousand and Fifty Dollars ($18,750,000), an Administrative Trustee, on behalf of the Trust, shall receive from the Depositor Notes, to be registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to Nineteen Million Two Hundred Fourteen Thousand Dollars ($19,214,000).”

Authorized Trust Securities. The Trust shall be authorized to issue one series of Preferred Securities having an aggregate Liquidation Amount of $24,000,000 and one series of Common Securities having an aggregate Liquidation Amount of $743,000. Issuance of the Common Securities; Subscription and Purchase of Notes. On the Closing Date, an Administrative Trustee, on behalf of the Trust, shall execute and deliver to the Depositor Common Securities Certificates, registered in the name of the Depositor, evidencing an aggregate of 743 Common Securities having an aggregate Liquidation Amount of $743,000, against receipt by the Trust of the aggregate purchase price of such Common Securities of $743,000. Contemporaneously therewith and with the sale by the Trust to the Holders of an aggregate of 24,000 Preferred Securities having an aggregate Liquidation Amount of $24,000,000, an Administrative Trustee, on behalf of the Trust, shall subscribe for and purchase from the Depositor Notes, to be registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to $24,743,000, and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Trust, shall deliver to the Depositor the sum of $24,743,000 (being the aggregate amount paid by the Holders for the Preferred Securities and the amount paid by the Depositor for the Common Securities). The Securities Certificates. The Preferred Securities Certificates shall be issued in minimum denominations of $100,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in minimum denominations of $10,000 Liquidation Amount and integral multiples of $1,000 in excess thereof. The Securities Certificates shall be executed on behalf of the Trust by manual or facsimile signature of at least one Administrative Trustee. Securities Certificates bearing the signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign such Securities Certificates on behalf of the Trust shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Securities Certificates or did not have such authority at the date of delivery of such Securities Certificates. On the Closing Date, upon the written order of an authorized officer of the Depositor, the ...

Authorized Trust Securities. SECTION 5.3. Issuance of the Common Securities; Subscription and Purchase of Notes. SECTION 5.4. The Securities Certificates. SECTION 5.5. Rights of Holders. SECTION 5.6. Book-Entry Preferred Securities. SECTION 5.7. Registration of Transfer and Exchange of Preferred Securities Certificates. SECTION 5.8. Mutilated, Destroyed, Lost or Stolen Securities Certificates. SECTION 5.9. Persons Deemed Holders. SECTION 5.10. Cancellation. SECTION 5.11. Ownership of Common Securities by Depositor. SECTION 5.12.

Authorized Trust Securities. 23 TABLE OF CONTENTS (continued)