Common use of Issuance of the Preferred Securities Clause in Contracts

Issuance of the Preferred Securities. On , , the Depositor, on behalf of the Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. Contemporaneously with the execution and delivery of this Trust 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwriters, in an aggregate amount of Preferred Securities having an aggregate Liquidation Amount of $ , against receipt of such aggregate purchase price of such Preferred Securities of $ , which amount the Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwriters. If there is a Second Time of Delivery, 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwriters, in an aggregate amount of up to Preferred Securities having an aggregate Liquidation Amount of up to $ , against receipt of the Liquidation Amount thereof, which amount such Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwriters, on the date specified pursuant to the Underwriting Agreement.

Issuance of the Preferred Securities. On , , the The Depositor, on behalf of the Trust and pursuant to as Trust sponsor under the Original Trust Agreement, has executed and delivered the Underwriting Agreement. Contemporaneously with At the execution and delivery of this Trust AgreementClosing 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwritersthe name of the nominee of the initial Clearing Agency, in an aggregate amount of [ ] Preferred Securities having an aggregate Liquidation Amount of $ $[ ], against receipt of such aggregate purchase price of such Preferred Securities of $ $[ ], which amount the such Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwritersto the Property Trustee. If there is a Second Time On each Date of Delivery, 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwritersthe name of the nominee of the initial Clearing Agency, in an aggregate amount of up to [ ] Preferred Securities (less such number of Preferred Securities evidenced by Preferred Securities Certificates executed and delivered on any prior Dates of Delivery) having an aggregate Liquidation Amount of up to $ $[ ] (less the aggregate Liquidation Amount of any Preferred Securities evidenced by Preferred Securities Certificates executed and delivered on any prior Dates of Delivery), against receipt of such aggregate purchase price of such Preferred Securities of $[ ] (less the aggregate Liquidation Amount thereofof any Preferred Securities evidenced by Preferred Securities Certificates executed and delivered on any prior Dates of Delivery), which amount such Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwriters, on the date specified pursuant to the Underwriting AgreementProperty Trustee.

Issuance of the Preferred Securities. On , [ ], the Depositor, on behalf of the Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. Contemporaneously with the execution and delivery of this Trust 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwritersthe name of the nominee of the initial Clearing Agency, in an aggregate amount of representing Preferred Securities having an aggregate Liquidation Amount of $ , against receipt of such aggregate purchase price of such Preferred Securities of $ , which amount the Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwritersto the Property Trustee. If there is a Second Time Closing Date as a result of Deliverythe exercise of an over- allotment option pursuant to 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwritersthe name of the nominee of the initial Clearing Agency, in an aggregate amount of representing up to Preferred Securities having an aggregate Liquidation Amount of up to $ , against receipt of the Liquidation Amount thereofsuch aggregate purchase price of such Preferred Securities of $ , which amount such Administrative Trustee Trustees shall promptly deliver to the Property Trustee in accordance with instructions provided by such Underwriters, on the date specified pursuant to the Underwriting Agreement.

Issuance of the Preferred Securities. On April 10, 2009, the Depositor, on behalf of the Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting AgreementSubscription Agreements which action is hereby authorized, approved and ratified in all respects. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 5.02, and , after authenticated by the Property Trustee, deliver to in accordance with the Underwriters named in the Underwriting Agreement Subscription Agreements, Preferred Securities Certificates, registered in accordance with instructions by such Underwritersthe name of the Persons entitled thereto, in an aggregate amount of 15,000 Preferred Securities having an aggregate Liquidation Amount of $ , $15,000,000 against receipt of such the aggregate purchase price of such Preferred Securities of $ $15,000,000, which amount the such Administrative Trustee shall promptly deliver to the Depositor as partial payment for the Debentures to be issued to the Trust in accordance with instructions provided by such UnderwritersSection 2.05(a). If there is the Depositor elects to have a Second Time second closing, then, upon the order of Deliverythe Depositor, an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and 5.02 and, after authenticated by the Property Trustee, deliver to in accordance with the Underwriters named in the Underwriting Agreement additional Subscription Agreements, Preferred Securities CertificatesSecurities, registered in accordance with instructions by such Underwritersthe name of the Persons entitled thereto, in an a specified aggregate amount of up not to Preferred Securities having an aggregate Liquidation Amount of up to $ , exceed $15,000,000 against receipt of the Liquidation Amount thereofaggregate purchase price of such Preferred Securities of up to $15,000,000, which amount such Administrative Trustee shall promptly deliver to the Depositor as partial payment for the Debentures to be issued to the Trust in accordance with instructions provided by such Underwriters, on the date specified pursuant to the Underwriting AgreementSection 2.05(b).

Issuance of the Preferred Securities. On , 2002, the Depositor, both on its own behalf and on behalf of the Issuer Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative TrusteeAdministrator, on behalf of the Issuer Trust, shall manually 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 Preferred Underwriters, Firm Securities Certificates, registered in accordance with instructions the names requested by such the Underwriters, in an aggregate amount of Preferred Firm Securities having an aggregate Liquidation Amount of $ , against receipt of such the aggregate purchase price of such Preferred Securities of $ , which amount by the Administrative Trustee shall promptly deliver in accordance with instructions provided by such Property Trustee. At the option of the Underwriters. If there is a Second Time , within 30 days of Deliverythe date of the Prospectus, and solely for the purpose of covering an over-allotment, if any, an Administrative TrusteeAdministrator, on behalf of the Issuer Trust, shall manually 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, Option Preferred Securities Certificates, registered in accordance with instructions the names requested by such the Underwriters, in an aggregate amount of representing up to Preferred Option Securities having an aggregate Liquidation Amount of up to $ , against receipt of the Liquidation Amount thereof, which amount aggregate purchase price of such Administrative Trustee shall promptly deliver in accordance with instructions provided Option Securities of up to $ by such Underwriters, on the date specified pursuant to the Underwriting AgreementProperty Trustee.

Issuance of the Preferred Securities. On , , the Depositor, on behalf of the Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. Contemporaneously with the execution and delivery of this Trust Agreement, (i) the Depositor and an Administrative Trustee, on behalf of the Trust, shall execute and deliver the Underwriting Agreement, (ii) an Administrative Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and and, following authentication thereof as provided in subsection (iii) below, deliver to the Underwriters named in the Underwriting Agreement therein Preferred Securities Certificates, registered in accordance with instructions the name of Persons entitled thereto as contemplated by such Underwritersthe Underwriting Agreement, in and (iii) the Property Trustee, on behalf of the Trust, shall authenticate the Preferred Securities Certificates. The Preferred Securities Certificates shall represent an aggregate amount of Preferred Securities Securities, having an aggregate Liquidation Amount of $ . The Administrative Trustees, on behalf of the Trust, shall subscribe to and purchase Notes, registered in the name of the Property Trustee on behalf of Trust and having an aggregate principal amount equal to $ , and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Trust, shall deliver to the Depositor the sum of $ . The Preferred Securities Certificates shall be delivered against receipt of such the aggregate purchase price of such Preferred Securities of $ , which amount the Administrative Trustee Trustees shall promptly deliver in accordance with instructions provided by such Underwriters. If there is a Second Time of Delivery, 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 Preferred Securities Certificates, registered in accordance with instructions by such Underwriters, in an aggregate amount of up to Preferred Securities having an aggregate Liquidation Amount of up to $ , against receipt of the Liquidation Amount thereof, which amount such Administrative Trustee shall promptly deliver in accordance with instructions provided by such Underwriters, on the date specified pursuant to the Underwriting AgreementProperty Trustee.