Common use of I T A L S Clause in Contracts

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________, as Administrative Trustee, have heretofore duly created and continued a business trust under the Delaware Business Trust Act by the entering into that certain Trust Agreement, dated as of February 19, 2002 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19, 2002 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. The parties hereto desire to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________Jeffrey D. Cross and Geoffrey S. Chatas, each as Administrative TrusteeXxxxxxx, have heretofore duly created xxxx heretxxxxx xxxx xxxxxed and continued a business statutory trust under the Delaware Business Statutory Trust Act by the entering into that certain Trust Agreement, dated as of February 19August 15, 2002 2003 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19August 15, 2002 2003 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. The parties hereto desire to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________Jeffrey D. Cross and Geoffrey S. Chatas, each as Administrative TrusteeXxxxxxx, have heretofore duly created xxxx herexxxxxx xxxx xxxxted and continued a business statutory trust under the Delaware Business Statutory Trust Act by the entering into that certain Trust Agreement, dated as of February 19August 15, 2002 2003 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19August 15, 2002 2003 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. The parties hereto desire to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________Jeffrey D. Cross and Geoffrey S. Chatas, each as Administrative TrusteeAdministrativx Xxxxxxx, have heretofore duly created xxxe herxxxxxxx xxxx xxxated and continued a business statutory trust under the Delaware Business Statutory Trust Act by the entering into that certain Trust Agreement, dated as of February 19August 15, 2002 2003 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19August 15, 2002 2003 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. The parties hereto desire to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________James E. Abel, as Administrative Trustee, have heretofore duly created and continued creatxx xxx xxxxxxued a business trust under the Delaware Business Trust Act by the entering into that certain Trust Agreement, dated as of February 19April __, 2002 (the "Original Trust Agreement"), as amended by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of Trust, dated February 19April __, 2002 (attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). [The Trust and the Depositor have entered into an Underwriting Agreement dated __________, ____ with ______________________________. _____________.] The parties hereto desire to amend and restate the Original Trust Agreement in its entirety as set forth herein to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement and (iii) the acquisition by the Trust of all of the right, title and interest in the Debentures, as hereinafter defined.

I T A L S. The Depositor, the Property Trustee, the Delaware Trustee and ____________________, as Administrative Trustee, have heretofore duly created and continued a business statutory trust under the Delaware Business Statutory Trust Act by the entering into that certain Trust Agreement, dated as of February 19_________, 2002 (200_ the "Original Trust Agreement"), as amended and by the execution and filing with the Secretary of State of the State of Delaware of the Certificate of TrustTrust of the Trust (as hereinafter defined), dated February 19_________, 2002 200_ (substantially in the form attached hereto as Exhibit A and, as it may be amended from time to time, the "Certificate of Trust"). The Trust and the Depositor Depositor, acting also as Debenture Issuer (as defined below), have entered into an the Underwriting Agreement dated __________, ____ with ______________________________(as defined below). The parties hereto desire to amend and restate the Original Trust Agreement in its entirety as set forth herein to provide for, among other things, (i) the issuance of the Common Trust Securities, as hereinafter defined, by the Trust to the Depositor, (ii) the issuance and sale of the Preferred Trust Securities, as hereinafter defined, by the Trust, pursuant to the Underwriting Agreement Agreement, and (iii) the acquisition by the Trust from the Debenture Issuer, as hereinafter defined, of all of the right, title and interest in the Debentures, as hereinafter defined.