Common use of Good Standing of the Trust Clause in Contracts

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, and to issue the Capital Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, as applicable, and to issue the Capital Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the Declaration, Prospectus and to enter into and perform its obligations under the Operative Documents to which it is a partyDocuments, as applicable, and to issue the Capital Preferred Securities and the Common Securitiesinstruments; the Trust is not a party to or otherwise bound by any material agreement other than those described in the Operative Documents to which it is a partyProspectus; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the Declaration, Prospectus and to enter into and perform its obligations under the Operative Documents to which it is a partyDocuments, as applicable, and to issue the Capital Securities and the Common Preferred Securities; the Trust is not a party to or otherwise bound by any material agreement other than those described in the Operative Documents to which it is a partyProspectus; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the Declaration, Prospectus and to enter into and perform its obligations under the Operative Documents to which it is a partyDocuments, as applicable, and to issue the Capital Securities and the Common Preferred Securities; the Trust is not a party to or otherwise bound by any material agreement other than those described in the Operative Documents to which it is a partyProspectus; and the Trust is, is and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the DeclarationProspectus, to issue the Capital Securities and the Common Securities and to enter into and perform its obligations under each of the Operative Documents Agreements to which it is a party, and to issue the Capital Securities and the Common Securities; the . The Trust is not a party to or otherwise bound by any agreement other than those described in the Operative Documents to which it is a party; and the Prospectus. The Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, and to issue the Capital Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Company will use its best efforts to ensure that Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the DeclarationProspectus, to issue the Preferred Securities as part of the CRESTS Units and the Common Securities and to enter into and perform its obligations under the Operative Documents Agreements to which it is a party, and to issue the Capital Securities and the Common Securities; the . The Trust is not a party to or otherwise bound by any agreement other than those described in the Operative Documents to which it is a party; and the Prospectus. The Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created -------------------------- and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the Declaration, Prospectus and to enter into and perform its obligations under the Operative Documents to which it is a partyDocuments, as applicable, and to issue the Capital Securities and the Common Preferred Securities; the Trust is not a party to or otherwise bound by any material agreement other than those described in the Operative Documents to which it is a partyProspectus; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the DeclarationProspectus, to issue the Preferred Securities and the Common Securities and to enter into and perform its obligations under the Operative Documents Agreements to which it is a party, and to issue the Capital Securities and the Common Securities; the . The Trust is not a party to or otherwise bound by any agreement other than those described in the Operative Documents to which it is a party; and the Prospectus. The Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided described in the DeclarationRegistration Statement and Prospectus, to issue the Preferred Securities and the Common Securities and to enter into and perform its obligations under each of the Operative Documents Agreements, to which it is a party, and to issue the Capital Securities and the Common Securities; the . The Trust is not a party to or otherwise bound by any agreement other than those described in the Operative Documents to which it Prospectus. The Trust is a party; and the Trust is, and will bewill, under current law, be classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is --------------------------- validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, as applicable, and to issue the Capital Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory trust under the Delaware Trust Act with the power and authority to own property its properties and to conduct its business as provided described in the Declaration, Prospectus and to enter into and perform its obligations under the Operative Documents to which it is a partyDocuments, and to issue the Capital Securities as applicable, and the Common and Preferred Securities; the . The Trust is not a party to or otherwise bound by any material agreement other than those described in the Operative Documents to which it is a party; Prospectus and the Trust is, is and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created -------------------------- and is validly existing in good standing as a statutory business trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, as applicable, and to issue the Capital Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.

Good Standing of the Trust. The Trust has been duly created and is validly existing in good standing as a statutory trust under the Delaware Act with the power and authority to own property and to conduct its business as provided in the Declaration, to enter into and perform its obligations under the Operative Documents to which it is a party, and to issue the Capital Preferred Securities and the Common Securities; the Trust is not a party to or otherwise bound by any agreement other than the Operative Documents to which it is a party; and the Trust is, and will be, under current law, classified for United States federal income tax purposes as a grantor trust and not as an association taxable as a corporation.