Common use of COVENANTS AS TO THE TRUST Clause in Contracts

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- Securities remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 5 contracts

Samples: Indenture (First Banks, Inc), Indenture (First Banks Inc), Indenture (First Banks, Inc)

AutoNDA by SimpleDocs

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- Securities ------------------------- remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the Company under -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 4 contracts

Samples: Indenture (Florida Banks Inc), Indenture (Alabama National Bancorporation), Indenture (Florida Banks Inc)

COVENANTS AS TO THE TRUST. For so long as If the Trust --------------------------- Securities remain outstandingInstitutional Trustee ------------------------- is the Holder of the Convertible Debentures, the Company shall (a) maintain 100% direct or indirect ownership of the Trust Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this the Base Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall(b) use its reasonable efforts to cause the Trust (i) to remain a statutory business trust, except in connection with a distribution of Convertible Debentures to the holders of Trust Securities in liquidation of the TrustSecurities, the redemption of all of the Trust Securities Securities, or certain mergers, consolidations or amalgamationsamalgamation, each as permitted by the Declaration, cause the Trust and (aii) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an undivided beneficial ownership interest in the Convertible Debentures.

Appears in 3 contracts

Samples: First Supplemental Indenture (Usx Capital Trust I), First Supplemental Indenture (Usx Corp), First Supplemental Indenture (Usx Capital Trust I)

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- ----------------------------- Securities remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- ----------------------------- Securities remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 1 contract

Samples: Indenture (Gateway Bancshares Inc /Ga/)

AutoNDA by SimpleDocs

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- ------------------------------ Securities remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- Securities remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the Company under -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shall, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 1 contract

Samples: Indenture (Florida Banks Inc)

COVENANTS AS TO THE TRUST. For so long as the Trust --------------------------- Securities ------------------------- remain outstanding, the Company shall maintain 100% ownership of the Common Securities; provided, however, that any permitted successor of the -------- ------- Company under this Indenture may succeed to the Company's ownership of such Common Securities. The Company, as owner of the Common Securities, shallshall cause the Trust (a) to remain a statutory trust, except in connection with a distribution of Debentures to the holders of Trust Securities in liquidation of the Trust, the redemption of all of the Trust Securities or certain mergers, consolidations or amalgamations, each as permitted by the Declaration, cause the Trust (a) to remain a statutory trust, (b) to otherwise continue to be classified as a grantor trust for United States federal income tax purposes, purposes and (c) to cause each holder of Trust Securities to be treated as owning an undivided beneficial interest in the Debentures.

Appears in 1 contract

Samples: Indenture (Prosperity Bancshares Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!