Common use of COVENANTS AS TO THE TRUST Clause in Contracts

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation under this Indenture may succeed to the Corporation's ownership of the Common Securities; (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business trust, except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures.

Appears in 2 contracts

Samples: Indenture (American Community Bancshares Inc), Carolina Bank Holdings Inc

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COVENANTS AS TO THE TRUST. For In the event Securities are issued to the Trust or a trustee of such trust in connection with the issuance of Trust Securities by the Trust, for so long as such Trust Securities of the Trust remain outstanding, the Corporation shall Company will (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation under this Indenture Company, permitted pursuant to -------- ------- Article X, may succeed to the CorporationCompany's ownership of the such Common Securities; , (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business trust, except in connection with a distribution of DebenturesSecurities, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; Declaration of the Trust, and (b) to otherwise continue not to be treated as a grantor trust and not an association taxable as a corporation or partnership for United States federal Federal income tax purposes; purposes and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the DebenturesSecurities.

Appears in 1 contract

Samples: Bankboston Capital Trust V

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business trust, except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement, and in each case with prior approval of the Applicable Bank Regulatory Authorities if then so required under applicable capital guidelines or policies of the Applicable Bank Regulatory Authorities; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures.

Appears in 1 contract

Samples: Franklin Capital Trust I

COVENANTS AS TO THE TRUST. For In the event Securities are issued to the Trust or a trustee of such trust in connection with the issuance of Trust Securities by the Trust, for so long as such Trust Securities of the Trust remain outstanding, the Corporation shall Company will (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation under this Indenture Company, permitted pursuant to Article X, may succeed to the CorporationCompany's ownership of the such Common Securities; , (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business trust, except in connection with a distribution of DebenturesSecurities, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; Declaration of the Trust, and (b) to otherwise continue not to be treated as a grantor trust and not an association taxable as a corporation or partnership for United States federal Federal income tax purposes; purposes and (iii) to use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the DebenturesSecurities.

Appears in 1 contract

Samples: Bankboston Capital Trust Iii

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve through the Federal Reserve Bank of New York or any other designee if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business truststatutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal or Puerto Rico income tax purposes; and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures.

Appears in 1 contract

Samples: R&g Capital Trust V

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COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation shall Company will (i1) maintain 100% direct or indirect ownership of the Common Securities of the Trust; providedPROVIDED, howeverHOWEVER, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; , (ii2) not voluntarily dissolvecause, wind as sponsor of the Trust, or permit, as holder of the Common Securities, the dissolution or winding-up or liquidate of the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policiesin connection with a distribution of the Debentures held by the Trust as provided in the Declaration, and (3) use its reasonable efforts to cause the Trust (a) to remain a statutory business trust, except in connection with a distribution of DebenturesDebentures as provided in the Declaration, the redemption of all of the Trust Securities of the Trust or and in connection with certain mergers, consolidations or amalgamations, each as amalgamations permitted by the Trust Agreement; Declaration, and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership grantor trust for United States federal income tax purposes; and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures.

Appears in 1 contract

Samples: NVP Capital Iii

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines or regulatory policies, policies of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust, except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust Trust, or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; and (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures.. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the

Appears in 1 contract

Samples: 1st Source Corp

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