CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1 Capital Securities Guarantee Trustee; Eligibility................ 12 SECTION 4.2 Appointment, Removal and Resignation of Capital Securities Guarantee Trustee................................................ 13
CAPITAL SECURITIES GUARANTEE TRUSTEE. Eligibility -------------------------------------------------
(a) There shall at all times be a Capital Securities Guarantee Trustee that shall
(i) not be an Affiliate of the Guarantor; and
(ii) be a corporation or other Person organized and doing business under the laws of the United States of America or any state or territory thereof or of the District of Columbia, or a corporation or other Person permitted by the Securities and Exchange Commission to act as an indenture trustee under the Trust Indenture Act, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least fifty million U.S. dollars ($50,000,000), and subject to supervision or examination by federal, state, territorial or District of Columbia authority; it being understood that if such corporation or other Person publishes reports of condition at least annually, pursuant to law or to the requirements of the supervising or examining authority referred to above, then, for the purposes of this Section 4.1(a)(ii) and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published.
(b) If at any time the Capital Securities Guarantee Trustee shall cease to be eligible to so act under Section 4.1(a), the Capital Securities Guarantee Trustee shall immediately resign in the manner and with the effect set out in Section 4.2(c).
(c) If the Capital Securities Guarantee Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Capital Securities Guarantee Trustee and Guarantor shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act.
CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1 Capital Securities Guarantee Trustee; Eligibility...........................11 SECTION 4.2 Appointment, Removal and Resignation of Capital Securities Guarantee Trustee...........................................................11 ARTICLE V GUARANTEE
SECTION 5.1 Guarantee...................................................................12 SECTION 5.2 Waiver of Notice and Demand.................................................12 SECTION 5.3 Obligations Not Affected....................................................13 SECTION 5.4
CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1 Capital Securities Guarantee Trustee; Eligibility....
CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1 Capital Securities Guarantee Trustee; Eligibility........................................12 SECTION 4.2 Appointment, Removal and Resignation of Capital Securities Guarantee Trustee.............13 ARTICLE V GUARANTEE SECTION 5.1 Guarantee................................................................................13 SECTION 5.2 Waiver of Notice and Demand..............................................................14 SECTION 5.3 Obligations Not Affected.................................................................14 SECTION 5.4 Enforcement of Guarantee; Rights of Holders..............................................15 SECTION 5.5 Guarantee of Payment.....................................................................15 SECTION 5.6 Subrogation..............................................................................15 SECTION 5.7 Independent Obligations..................................................................16
CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1......
CAPITAL SECURITIES GUARANTEE TRUSTEE. 13 4.1 Capital Securities Guarantee Trustee; Eligibility . . . . . . . . . . . . . . . . . . . . . 13 4.2 Appointment, Removal and Resignation of Capital Securities Guarantee Trustee . . . . . . . . 14
CAPITAL SECURITIES GUARANTEE TRUSTEE. Eligibility (a) There shall at all times be a Capital Securities Guarantee Trustee which shall:
(i) not be an Affiliate of the Guarantor; and
(ii) be a corporation organized and doing business under the laws of the United States of America or any State or Territory thereof or of the District of Columbia, or a corporation or Person permitted by the Securities and Exchange Commission to act as an institutional trustee under the Trust Indenture Act, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least 25 million U.S. dollars ($25,000,000), and subject to supervision or examination by Federal, State, Territorial or District of Columbia authority. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the supervising or examining authority referred to above, then, for the purposes of this Section 4.1(a)(ii), the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published.
CAPITAL SECURITIES GUARANTEE TRUSTEE. May File Proofs of Claim Upon the occurrence of an Event of Default, the Capital Securities Guarantee Trustee is hereby authorized to (a) recover judgment, in its own name and as trustee of an express trust, against the Guarantor for the whole amount of any Guarantee, payments remaining unpaid and (b) file such proofs of claim and other papers or documents as may be necessary or advisable in order to have its claims and those of the Holders of the Series A Capital Securities allowed in any judicial procedures relative to the Guarantor, its creditors or its property.
CAPITAL SECURITIES GUARANTEE TRUSTEE. SECTION 4.1 Capital Securities Guarantee Trustee; Eligibility SECTION 4.2 Appointment, Removal and Resignation of Capital Securities Guarantee Trustee ARTICLE V GUARANTEE
SECTION 5.1 Guarantee SECTION 5.2 Waiver of Notice and Demand SECTION 5.3 Obligations Not Affected SECTION 5.4 Rights of Holders SECTION 5.5 Guarantee of Payment SECTION 5.6 Subrogation SECTION 5.7 Independent Obligations
