Continuation of the Trust. The parties hereto agree that (i) the assignment of the Depositor's Interest, the Substitute Depositor becoming the depositor of the Trust and the Original Depositor's ceasing to be the depositor of the Trust shall not dissolve the Trust and (ii) the business of the Trust shall continue without dissolution.
Continuation of the Trust. 10 SECTION 2.1 Name........................................................................ 10 SECTION 2.2 Office of the Delaware Trustee; Principal Place of Business.................................................................... 10 SECTION 2.3 Initial Contribution of Trust Property; Organizational Expenses.................................................................... 11 SECTION 2.4 Issuance of the Preferred Securities........................................ 11 SECTION 2.5 Issuance of the Common Securities; Subscription and Purchase of Subordinated Debt Securities.................................... 11 SECTION 2.6 Declaration of Trust........................................................ 12 SECTION 2.7 Authorization to Enter into Certain Transactions............................ 12 SECTION 2.8
Continuation of the Trust. 10 SECTION 2.1 Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 2.2 Office of the Delaware Trustee; Principal Place of Business. . . . . . . . . . . . . . . . 10 SECTION 2.3 Initial Contribution of Trust Property; Organizational Expenses. . . . . . . . . . . . . . 10 SECTION 2.4 Issuance of the Preferred Securities. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 2.5 Issuance of the Common Securities; Subscription and Purchase of Debentures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 2.6 Declaration of Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 2.7 Authorization to Enter into Certain Transactions. . . . . . . . . . . . . . . . . . . . . . 12 SECTION 2.8
Continuation of the Trust. 14 SECTION 2.01. Name...................................... 14 SECTION 2.02. Office of the Delaware Trustee; Principal Place of Business............... 14
Continuation of the Trust. Section 201. NAME. The Trust continued hereby shall be known as "Union Electric Capital Trust __," as such name may be modified from time to time by the Administrators following written notice to the Holders of Trust Securities and the Trustees, in which name the Administrators and the Trustees may engage in the transactions contemplated hereby, make and execute contracts and other instruments on behalf of the Trust and xxx and be sued.
Continuation of the Trust. The parties hereby agree to continue the existence of the Trust as a business statutory trust pursuant to the Act and the provisions of this Agreement. The Trustee shall execute and file such amendments to this Agreement and shall do all other things, and the Unitholders undertake to cooperate with the Trustee and Managing Operator, as applicable, in doing so as well as to execute and furnish to the Trustee or Managing Operator, as applicable, all documents, which the Managing Operator or Trustee, as applicable, may deem necessary or advisable in order to perfect and maintain the Trust as a statutory business trust pursuant to the laws of the State of Delaware and all other jurisdictions in which the Trust conducts business. Nothing in this Agreement shall be construed to make the Unitholders partners or members of a joint stock association except to the extent that such Unitholders are deemed to be partners under the Internal Revenue Code of 1986, as amended (the “Code”), and applicable state and local tax laws. Notwithstanding the foregoing, it is the intention of the parties hereto that the Trust be treated as a partnership for purposes of taxation under the Code and applicable state and local tax laws. Effective as of the date hereof, the Trustee and the Managing Operator shall have all of the rights, powers and duties set forth herein and in the Act with respect to accomplishing the purposes of the Trust.
Continuation of the Trust. SECTION 2.01. NAME. The Trust continued hereby shall be known as "FPL Group [/2/ Capital] Trust __", as such name may be modified from time to time by the Administrative Trustees following written notice to the Holders of Trust Securities and the other Trustees, in which name the Trustees may conduct the business of the Trust, make and execute contracts and other instruments on behalf of the Trust and sue and be sued.
Continuation of the Trust. Section 1.1. This Trust Agreement relates to the trust, established pursuant to the Plan, that is intended to be tax-exempt under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code"). The Company and the Trustee hereby agree that the Trust Fund will continue to be held in trust and administered, invested, and distributed for the benefit of Participants and their Beneficiaries under the terms and conditions of this Trust Agreement. The Company and the Trustee hereby agree that the trust will consist of such contributions of cash and voting common stock or any class of capital stock convertible into voting stock of the Employer ("Company Stock") as shall from time to time be paid to the Trustee under the Plan and such earnings, income and appreciation as may accrue thereon, which, less payments made by the Trustee to carry out the purposes of the Plan, are referred to herein as the "Fund". The Trustee shall carry out the duties and responsibilities herein specified, but shall be under no duty to determine whether the amount of any contribution by the Company or any Participant is in accordance with the terms of the Plan nor shall the Trustee be responsible for the collection of any contributions required under the Plan.
Section 1.2. The Fund shall be held, invested, reinvested and administered by the Trustee in accordance with the terms of the Plan and this Agreement solely in the interest of Participants and their Beneficiaries and for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan. Except as provided in Section 5.2, no assets of the Plan shall inure to the benefit of the Company.
Section 1.3. The Trustee shall pay benefits and expenses from the Fund only upon the written direction of the Committee. The Trustee shall be fully entitled to rely on such directions furnished by the Committee, and shall be under no duty to ascertain whether the directions are in accordance with the provisions of the Plan.
Continuation of the Trust. 8 Section 2.01. Name.......................................8 Section 2.02. Office of the Delaware Trustee; Principal Place of Business................8 Section 2.03. Initial Contribution of Trust Property; Expenses of the Trust............9 Section 2.04. Issuance of the Trust Securities..........10 Section 2.05. Purchase of Debentures....................10 Section 2.06. Declaration of Trust......................10 Section 2.07. Authorization to Enter into Certain Transactions......................10 Section 2.08.
Continuation of the Trust. 11 Section 2.1. Name..............................................................
