Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. (b) The Guarantee and the Indenture shall be deemed to be sufficiently described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 33 contracts
Samples: Trust Agreement (Gainsco Inc), Trust Agreement (Mountain National Bancshares Inc), Trust Agreement (Crescent Banking Co)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 27 contracts
Samples: Trust Agreement, Trust Agreement (Morgan Stanley), Trust Agreement (Morgan Stanley)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) . The Guarantee Subordinated Indenture and the Indenture securities of any series issued thereunder and the Trust Securities Guarantee Agreement shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 13 contracts
Samples: Trust Agreement (PPL Capital Funding Inc), Trust Agreement (American Electric Power Co Inc), Trust Agreement (Southwestern Electric Power Co)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) Indenture. The Guarantee Subordinated Indenture and the Indenture Guarantee Agreement shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 8 contracts
Samples: Trust Agreement (Tu Electric Capital Iii), Trust Agreement (Tu Electric Capital I), Trust Agreement (Tu Electric Capital Ii)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso provision contained in Section 310(b) of the Trust Indenture Act.
Appears in 8 contracts
Samples: Declaration of Trust and Trust Agreement (Willamette Industries Inc), Trust Agreement (Owens Corning Capital Ii), Declaration of Trust and Trust Agreement (Willamette Industries Inc)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Trust Agreement (Goldman Sachs Group Inc/), Trust Agreement (Hl&p Capital Trust Iv), Trust Agreement (Hl&p Capital Trust I)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Declaration of Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Declaration of Trust (Privatebancorp, Inc), Declaration of Trust (Privatebancorp, Inc)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee and the Indenture Agreement shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Trust Agreement (Goldman Sachs Group Inc), Trust Agreement (Goldman Sachs Group Inc)
Conflicting Interests. (a) If the Property Trustee has shall have or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee it shall either eliminate such conflicting interest or resign, resign to the extent and extent, in the manner provided byand with the effect, and subject to the provisions ofconditions, provided in the Trust Indenture Act and this Trust Agreement.
(b) . The Guarantee Subordinated Indenture and the Indenture Guarantee Agreement shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Trust Agreement (Montana Power Capital I), Trust Agreement (Montana Power Co /Mt/)
Conflicting Interests. (a) If the Property Trustee has or shall acquire --------------------- acquires a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) . The Guarantee Indenture and the Indenture Guarantee Agreement shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso [^] [provision] contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided provided, however by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso provision contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee and the Indenture shall be deemed to be sufficiently described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.such
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire acquires a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such that interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.. Trust Agreement
Appears in 1 contract
Samples: Trust Agreement (Us Bancorp \De\)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. 258
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Trust Agreement (Sce&g Trust I)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (iclause_(i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. Trust Agreement
(b) The Guarantee Agreement and the Indenture shall be deemed to be sufficiently specifically described in this Trust Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Trust Agreement (USB Capital IX)
