Issuance of the Trust Preferred Securities. (a) On [ ], the Depositor, on behalf of the Issuer Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. On the Closing Date, an Administrative Trustee, on behalf of the Issuer Trust, in connection with the delivery on such date of [ ] Normal APEX to the underwriters named in the Underwriting Agreement, shall execute in accordance with Section 5.3 and deliver to the Clearing Agency a Normal APEX Certificate or Certificates that are Book-Entry Trust Preferred Securities Certificates, registered in the name of the Clearing Agency (or its nominee) representing [ ] Normal APEX, against payment of $1,000 per Normal APEX, or $[ ] in the aggregate as the purchase price therefor in immediately available funds, which amount the Administrative Trustee shall promptly deliver to the Property Trustee or its designee.
(b) On the date on which an Administrative Trustee, on behalf of the Issuer Trust, executes and delivers a Normal APEX Certificate pursuant to Section 2.4(a), such Administrative Trustee shall also execute in accordance with Section 5.3 and deliver to the Clearing Agency or the Certificate Custodian two additional Book-Entry Trust Preferred Securities Certificates, one of which shall be a Capital APEX Certificate and the other of which shall be a Stripped APEX Certificate, each representing up to a maximum number of Capital APEX or Stripped APEX, as applicable, that is the same as the number of Normal APEX evidenced by the Certificate contemporaneously issued as a Book-Entry Trust Preferred Securities Certificate pursuant to Section 2.4(a).
(c) In order to give effect to Exchanges, the Securities Registrar may, as provided in Section 5.11, endorse Book-Entry Trust Preferred Securities Certificates to reduce or increase the number of Normal APEX, Stripped APEX or Capital APEX evidenced by each such Book-Entry Trust Preferred Securities Certificate, provided, however, that no such endorsement shall result in a Book-Entry Trust Preferred Securities Certificate evidencing a number of Normal APEX, Stripped APEX or Capital APEX exceeding the maximum number set forth on the face of such Certificate.
Issuance of the Trust Preferred Securities. Contemporaneously with the execution and delivery of this Trust Agreement, the Administrative Trustees, on behalf of the Trust, shall execute and deliver to the underwriters named in the Underwriting Agreement Trust Preferred Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of Trust Preferred Securities having an aggregate Liquidation Amount of $_________ (the "Trust Preferred Securities") against receipt of the aggregate purchase price of such Trust Preferred Securities of $__________, which amount the Administrative Trustees shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. On ___________, 2001, the Depositor, both on its own behalf and on behalf of the Issuer Trust 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 5.3 and deliver to the Underwriters named in the Underwriting Agreement a Trust Preferred Securities Certificate, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of _____________ Trust Preferred Securities having an aggregate Liquidation Amount of $______________, against payment of the purchase price therefor in immediately available funds, which funds such Administrative Trustee shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. The Depositor, both on its own behalf and on behalf of the Issuer Trust 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 Issuer Trust, shall manually execute in accordance with Sections 5.2, 5.3 and 8.9(a) and the Property Trustee shall deliver to the Underwriters, Trust Preferred Securities Certificates, registered in the names requested by the Underwriters, evidencing an aggregate of 2,000,000 Trust Preferred Securities having an aggregate Liquidation Amount of $50,000,000, against receipt of the aggregate purchase price of such Trust Preferred Securities of $50,000,000, by the Property Trustee.
Issuance of the Trust Preferred Securities. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute and cause to be delivered in accordance with Sections 5.2 and 5.3 Trust Preferred Securities Certificates, registered in the name of the Persons entitled thereto in an aggregate amount of Four Thousand (4,000) Trust Preferred Securities having an aggregate Liquidation Amount of Four Million Dollars ($4,000,000) against receipt of the aggregate purchase price of such Trust Preferred Securities of Four Million Dollars ($4,000,000), which amount such Administrative Trustee shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. On __________, 2000, the Depositor and an Administrative Trustee, 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 502 and deliver in accordance with the Underwriting Agreement, Trust Preferred Securities Certificates, registered in the name of Persons entitled thereto in an aggregate amount of 600,000 Trust Preferred Securities having an aggregate Liquidation Amount of $15,000,000 against receipt of the aggregate purchase price of such Trust Preferred Securities of $15,000,000, which amount such Administrative Trustee shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Trust, shall execute and cause to be delivered in accordance with Sections 5.2 and 5.3 Trust Preferred Securities Certificates, registered in the name of the Persons entitled thereto in an aggregate amount of Seven Thousand (7,000) Trust Preferred Securities having an aggregate Liquidation Amount of Seven Million Dollars ($7,000,000) against receipt of the aggregate purchase price of such Trust Preferred Securities of Seven Million Dollars ($7,000,000), which amount such Administrative Trustee shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. On January 9, 2002, 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, the Property Trustee, on behalf of the Trust, shall execute in accordance with Section 5.2 and deliver to the Underwriters named in the Underwriting Agreement, as part of the Units, Trust Preferred Securities Certificates, registered in the name of the Securities Intermediary, as contemplated by the Pledge Agreement, representing 16,000,000 Trust Preferred Securities having an aggregate Liquidation Amount of $400,000,000, against receipt of such aggregate purchase price attributable to such Trust Preferred Securities of $400,000,000.
Issuance of the Trust Preferred Securities. Contemporaneously with the execution and delivery of this Trust Agreement, the Administrative Trustees, on behalf of the Trust, shall execute and deliver to the underwriters named in the Underwriting Agreement Trust Preferred Securities Certificates, registered in the name of the nominee of the initial Clearing Agency, in an aggregate amount of Trust Preferred Securities having an aggregate Liquidation Amount of $90,000,000 (the "Trust Preferred Securities") against receipt of the aggregate purchase price of such Trust Preferred Securities of $90,000,000, which amount the Administrative Trustees shall promptly deliver to the Property Trustee.
Issuance of the Trust Preferred Securities. On October 2, 2007, the Sponsor, on behalf of the Trust and pursuant to the First Amended and Restated Trust Agreement, executed and delivered the Underwriting Agreement. On the Closing Date, 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 a Trust Preferred Securities Certificate, registered in the name of the nominee of the initial Clearing Agency, in an aggregate of 300,000 Trust Preferred Securities having an aggregate Liquidation Amount of $300,000,000, against receipt of such aggregate purchase price of such Trust Preferred Securities of $300,000,000, which such amount the Administrative Trustee shall promptly deliver to the Property Trustee. The Trust shall not issue Trust Preferred Securities in an aggregate Liquidation Amount exceeding $300,000,000.
