Common use of Conditions to the Trust’s Obligations Clause in Contracts

Conditions to the Trust’s Obligations. (a) The obligation of the Trust to deliver the Firm Contract Price on the Firm Payment Date is subject to the satisfaction of the following conditions: (i) the purchase by the Underwriters of the Equity Trust Securities pursuant to the Underwriting Agreement shall have been consummated as contemplated under the Underwriting Agreement; (ii) the representations and warranties of the Counterparty contained in Article II hereof shall be true and correct as of the Firm Payment Date; (iii) the Collateral Agreement shall have been executed by the Counterparty and the delivery of the Collateral thereunder shall have been made; and (iv) the Reimbursement Agreement shall have been executed by the Counterparty. (b) The obligation of the Trust to deliver the Additional Contract Price on the Option Closing Date is subject to the satisfaction of the following conditions: (i) the purchase by the Underwriters of the Additional Equity Trust Securities pursuant to the Underwriting Agreement shall have been consummated as contemplated under the Underwriting Agreement; (ii) the representations and warranties of the Counterparty contained in Article II hereof shall be true and correct as of the Option Closing Date (except to the extent that they refer to an earlier date, in which case they shall be true and correct as of such earlier date); and (iii) the delivery of any additional Collateral under the Collateral Agreement shall have been made.

Conditions to the Trust’s Obligations. (a) The obligation of the Trust to deliver the Firm Contract Price on the Firm Payment Date is subject to the satisfaction of the following conditions: (i) the purchase by the Underwriters of the Equity Trust Securities pursuant to the Underwriting Agreement shall have been consummated as contemplated under the Underwriting Agreement; Date; (ii) the representations and warranties of the Counterparty contained in Article II hereof shall be true and correct as of the Firm Payment Date;Payment (iii) the Collateral Agreement shall have been executed by the Counterparty and the delivery of the Collateral thereunder shall have been made; and (iv) the Reimbursement Agreement shall have been executed by the Counterparty. (b) The obligation of the Trust to deliver the Additional Contract Price on the Option Closing Date is subject to the satisfaction of the following conditions: (i) the purchase by the Underwriters of the Additional Equity Trust Securities pursuant to the Underwriting Agreement shall have been consummated as contemplated under the Underwriting Agreement; (ii) the representations and warranties of the Counterparty contained in Article II hereof shall be true and correct as of the Option Closing Date (except to the extent that they refer to an earlier date, in which case they shall be true and correct as of such earlier date); and (iii) the delivery of any additional Collateral under the Collateral Agreement shall have been made.