Common use of Issuance of the Capital Securities Clause in Contracts

Issuance of the Capital Securities. The Depositor, on behalf of the Trust and as successor Trust sponsor under the Initial Trust Agreement, has executed and delivered the Underwriting Agreement. At the Closing Time, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver to the Underwriters named in the Underwriting Agreement Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an initial aggregate amount of 300,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,000, against receipt of such initial aggregate purchase price of such Capital Securities of $299,505,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. On each Date of Delivery provided for in the Underwriting Agreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver to the Underwriters named in the Underwriting Agreement Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 45,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), against receipt of such aggregate purchase price of such Capital Securities of $44,925,750 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of Delivery, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 200,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt of the purchase price therefor, which amount such Administrative Trustee shall promptly deliver to the Property Trustee.

Issuance of the Capital Securities. The DepositorOn ____________, on behalf of 1997, the Trust Depositor and as successor Trust sponsor under the Initial Trust Agreement, has executed and delivered the Underwriting Agreement. At the Closing Time, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 Trust and deliver pursuant to the Underwriters named in Original Trust Agreement, executed and delivered the Underwriting Agreement Capital Securities Certificates, registered in Agreement. Contemporaneously with the name execution and delivery of the nominee of the initial Clearing Agency, in an initial aggregate amount of 300,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,000, against receipt of such initial aggregate purchase price of such Capital Securities of $299,505,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. On each Date of Delivery provided for in the Underwriting this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver to the Underwriters named deliver, in accordance with the Underwriting Agreement Agreement, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 45,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), ________ against receipt of such the aggregate purchase price of such Capital Securities of $44,925,750 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)_________, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The SECTION 205. ISSUANCE OF THE COMMON SECURITIES; SUBSCRIPTION AND PURCHASE OF JUNIOR SUBORDINATED DEBENTURES. Contemporaneously with the execution and delivery of this Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of DeliveryAgreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver Capital to the Depositor Common Securities Certificates, registered in the name of the nominee of the initial Clearing AgencyDepositor, in an aggregate amount of up to 200,000 Capital Common Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up $________ against payment by the Depositor of such amount. Contemporaneously therewith, an Administrative Trustee, on behalf of the Trust, shall subscribe to and purchase from the Depositor Junior Subordinated Debentures, registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt ________, and, in satisfaction of the purchase price thereforfor such Junior Subordinated Debentures, which amount such Administrative Trustee the Property Trustee, on behalf of the Trust, shall promptly deliver to the Property TrusteeDepositor the sum of $_________.

Issuance of the Capital Securities. The DepositorDepositor and the Issuer Trust executed and delivered the Underwriting Agreement as of _________, 1998, pursuant to the Original Trust Agreement. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrator, on behalf of the Trust and as successor Trust sponsor under the Initial Trust Agreement, has executed and delivered the Underwriting Agreement. At the Closing Time, an Administrative Trustee, on behalf of the Issuer Trust, shall by manual or facsimile signature execute in accordance with Section 5.2 5.3 and the Property Trustee shall authenticate in accordance with Section 5.3 and deliver to the Underwriters named in the Underwriting Agreement Underwriters, Capital Securities Certificates, registered in the name of names requested by the nominee of the initial Clearing AgencyUnderwriters, in an initial aggregate amount of 300,000 $__________ Capital Securities having an initial aggregate Liquidation Amount of $300,000,000____________, against receipt of such initial the aggregate purchase price of such Capital Securities of $299,505,000____________, which amount such Administrative Trustee shall promptly deliver to by the Property Trustee. On each Date If the Underwriters exercise their option to purchase all or any portion of Delivery provided for in an additional _________ Capital Securities pursuant to the terms of the Underwriting Agreement, then an Administrative TrusteeAdministrator, on behalf of the Issuer Trust, shall by manual or facsimile signature execute in accordance with Section 5.2 5.3 and the Property Trustee shall authenticate in accordance with Section 5.3 and deliver to the Underwriters named in the Underwriting Agreement Underwriters, additional Capital Securities Certificates, registered in the name of names requested by the nominee of the initial Clearing AgencyUnderwriters, in an aggregate amount of up to 45,000 _________ additional Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)_________, against receipt of such the aggregate purchase price of such additional Capital Securities of up to $44,925,750 __________, (less the aggregate Liquidation Amount of any Capital Securities evidenced plus accumulated Distributions) by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The Trust may issue up certificates of authentication to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event be executed by the Property Trustee shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of Delivery, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver Capital Securities Certificates, registered be substantially in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 200,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed forms as set forth on Exhibits C and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt of the purchase price therefor, which amount such Administrative Trustee shall promptly deliver to the Property TrusteeD attached hereto.

Issuance of the Capital Securities. The DepositorOn , on behalf of 1997, the Trust Depositor and as successor Trust sponsor under the Initial Trust Agreement, has executed and delivered the Underwriting Agreement. At the Closing Time, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 Trust and deliver pursuant to the Underwriters named in Original Trust Agreement, executed and delivered the Underwriting Agreement Capital Securities Certificates, registered in Purchase Agreement. Contemporaneously with the name execution and delivery of the nominee of the initial Clearing Agency, in an initial aggregate amount of 300,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,000, against receipt of such initial aggregate purchase price of such Capital Securities of $299,505,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. On each Date of Delivery provided for in the Underwriting this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver to deliver, in accordance with the Underwriters named in the Underwriting Agreement Purchase Agreement, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 45,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), 40,000,000 against receipt of such the aggregate purchase price of such Capital Securities of $44,925,750 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)40,000,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The SECTION 205. ISSUANCE OF THE COMMON SECURITIES; SUBSCRIPTION AND PURCHASE OF JUNIOR SUBORDINATED DEBENTURES. Contemporaneously with the execution and delivery of this Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of DeliveryAgreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver Capital to the Depositor Common Securities Certificates, registered in the name of the nominee of the initial Clearing AgencyDepositor, in an aggregate amount of up to 200,000 Capital Common Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up $ against delivery by the Depositor of $ in principal amount of Junior Subordinated Debentures. Contemporaneously therewith, an Administrative Trustee, on behalf of the Trust, shall subscribe to and purchase from the Depositor Junior Subordinated Debentures, registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt 40,000,000, and, in satisfaction of the purchase price thereforfor such Junior Subordinated Debentures, which amount such Administrative Trustee the Property Trustee, on behalf of the Trust, shall promptly deliver to the Property TrusteeDepositor the sum of $40,000,000.

Issuance of the Capital Securities. The Depositor, on behalf of the Trust and as successor Trust sponsor under pursuant to the Initial Original Trust Agreement, has executed and delivered the Underwriting Agreement. At Contemporaneously with the Closing Time, an Administrative Trustee, on behalf execution and delivery of the Trust, shall execute in accordance with Section 5.2 and deliver to the Underwriters named in the Underwriting Agreement Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an initial aggregate amount of 300,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,000, against receipt of such initial aggregate purchase price of such Capital Securities of $299,505,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. On each Date of Delivery provided for in the Underwriting this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver to the Underwriters named deliver, in accordance with the Underwriting Agreement Agreement, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 45,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), 60,000,000 against receipt of such the aggregate purchase price of such Capital Securities of $44,925,750 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)60,000,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The SECTION 205. ISSUANCE OF THE COMMON SECURITIES; SUBSCRIPTION AND PURCHASE OF JUNIOR SUBORDINATED DEBENTURES. Contemporaneously with the execution and delivery of this Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of DeliveryAgreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 502 and deliver Capital to the Depositor Common Securities Certificates, registered in the name of the nominee of the initial Clearing AgencyDepositor, in an aggregate amount of up to 200,000 Capital Common Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up $1,855,675 against delivery by the Depositor of $1,855,675 in principal amount of Junior Subordinated Debentures. Contemporaneously therewith, an Administrative Trustee, on behalf of the Trust, shall subscribe to and purchase from the Depositor Junior Subordinated Debentures, registered in the name of the Property Trustee on behalf of the Trust and having an aggregate principal amount equal to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt 60,000,000, and, in satisfaction of the purchase price thereforfor such Junior Subordinated Debentures, which amount such Administrative Trustee the Property Trustee, on behalf of the Trust, shall promptly deliver to the Property TrusteeDepositor the sum of $60,000,000.

Issuance of the Capital Securities. The As of __________, 1999, the Depositor, both on its own behalf and on behalf of the Issuer Trust and as successor Trust sponsor under pursuant to the Initial Original Trust Agreement, has executed and delivered the Underwriting Agreement. At Contemporaneously with the Closing Timeexecution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall manually execute in accordance with Section Sections 5.2 and 5.3, and the Property Trustee shall deliver to the Underwriters named in the Underwriting Agreement Underwriters, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in evidencing an initial aggregate amount of 300,000 3,000,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,00075,000,000, against receipt of such initial the aggregate purchase price of such Capital Securities of $299,505,00075,000,000 (plus accrued Distributions, which amount such Administrative Trustee shall promptly deliver to if any) by the Property Trustee. On each If the Underwriters purchase any Optional Securities in accordance with the second paragraph of Section 1(a) of the Underwriting Agreement, on the Second Clearing Date of Delivery provided for (as defined in the Underwriting Agreement), an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Section Sections 5.2 and 5.3, and the Property Trustee shall deliver to the Underwriters named in Underwrites, deliver to the Underwriting Agreement Underwriters, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in evidencing an aggregate amount of up to 45,000 450,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)11,250,000, against receipt of such the aggregate purchase price of such Capital Securities [of $44,925,750 (less ____% of] [equal to] the aggregate Liquidation Amount of any Capital Securities evidenced thereof [(plus accrued Distributions)] by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of Delivery, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 200,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt of the purchase price therefor, which amount such Administrative Trustee shall promptly deliver to the Property Trustee.

Issuance of the Capital Securities. The As of __________, 2000, the Depositor, both on its own behalf and on behalf of the Issuer Trust and as successor Trust sponsor under pursuant to the Initial Original Trust Agreement, has executed and delivered the Underwriting Agreement. At Contemporaneously with the Closing Timeexecution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall manually execute in accordance with Section Sections 5.2 and 5.3, and the Property Trustee shall deliver to the Underwriters named in the Underwriting Agreement Underwriters, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in evidencing an initial aggregate amount of 300,000 3,000,000 Capital Securities having an initial aggregate Liquidation Amount of $300,000,00075,000,000, against receipt of such initial the aggregate purchase price of such Capital Securities of $299,505,00075,000,000 (plus accrued Distributions, which amount such Administrative Trustee shall promptly deliver to if any) by the Property Trustee. On each If the Underwriters purchase any Optional Securities in accordance with the second paragraph of Section 1(a) of the Underwriting Agreement, on the Second Clearing Date of Delivery provided for (as defined in the Underwriting Agreement), an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Section Sections 5.2 and 5.3, and the Property Trustee shall deliver to the Underwriters named in Underwrites, deliver to the Underwriting Agreement Underwriters, Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in evidencing an aggregate amount of up to 45,000 450,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $45,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery)11,250,000, against receipt of such the aggregate purchase price of such Capital Securities [of $44,925,750 (less ____% of] [equal to] the aggregate Liquidation Amount of any Capital Securities evidenced thereof [(plus accrued Distributions)] by Capital Securities Certificates executed and delivered on any prior Dates of Delivery), which amount such Administrative Trustee shall promptly deliver to the Property Trustee. The Trust may issue up to an additional 200,000 Capital Securities at one or more subsequent Dates of Delivery; provided, however, that in no event shall a Date of Delivery occur after September 30, 2000. On each such subsequent Dates of Delivery, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver Capital Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of up to 200,000 Capital Securities (less such number of Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) having an aggregate Liquidation Amount of up to $200,000,000 (less the aggregate Liquidation Amount of any Capital Securities evidenced by Capital Securities Certificates executed and delivered on any prior Dates of Delivery (other than Capital Securities Certificates executed and delivered pursuant to the Underwriting Agreement)) against receipt of the purchase price therefor, which amount such Administrative Trustee shall promptly deliver to the Property Trustee.