Common use of Limitation of Rights of Holders Clause in Contracts

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 184 contracts

Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (Entegra Financial Corp.), Trust Agreement (Wilshire Bancorp Inc)

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Limitation of Rights of Holders. Except as set forth in Section 9.2The death or incapacity, or the deathdissolution, bankruptcyliquidation, termination, dissolution or incapacity the bankruptcy of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve terminate or terminate annul the Trust Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 22 contracts

Samples: Trust Agreement (Goldman Sachs Capital III), Trust Agreement (KeyCorp Capital VIII), Trust Agreement (KeyCorp Capital VIII)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcyincapacity, terminationdissolution, dissolution termination or incapacity bankruptcy of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust Issuer Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. Any merger or similar agreement authorized in accordance with this Trust Agreement shall be executed by one or more of the Administrators on behalf of the Issuer Trust.

Appears in 13 contracts

Samples: Trust Agreement, Trust Agreement (Morgan Stanley), Trust Agreement (Morgan Stanley)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the deathbankruptcy, bankruptcydissolution, termination, dissolution death or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement or dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 10 contracts

Samples: Trust Agreement (M&t Bank Corp), Trust Agreement (American Safety Insurance Group LTD), Trust Agreement (S&t Bancorp Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, incapacity, bankruptcy, termination, dissolution or incapacity termination of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annulor dissolve, dissolve terminate or terminate annul the Trust Issuer Trust, nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 6 contracts

Samples: Trust Agreement (South Carolina Electric & Gas Co), Trust Agreement (Sce&g Trust I), Trust Agreement (Scana Corp)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcyincapacity, terminationdissolution, dissolution termination or incapacity bankruptcy of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to annul, dissolve or terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Personperson, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 6 contracts

Samples: Trust Agreement (Centura Banks Inc), Trust Agreement (First Hawaiian Capital I), Trust Agreement (Southern States Capital Trust Ii)

Limitation of Rights of Holders. Except as set forth in Section SECTION 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 5 contracts

Samples: Trust Agreement (Bankatlantic Bancorp Inc), Trust Agreement (Uici), Trust Agreement (Bankatlantic Bancorp Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Issuer Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 5 contracts

Samples: Trust Agreement (Everest Re Group LTD), Trust Agreement (Everest Reinsurance Holdings Inc), Trust Agreement (Everest Re Capital Trust Iii)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, dissolution, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve terminate or terminate annul the Trust Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 4 contracts

Samples: Trust Indenture Trust Agreement (Seacoast Financial Services Corp), Trust Indenture Trust Agreement (Seacoast Financial Services Corp), Trust Indenture Trust Agreement (Seacoast Financial Services Corp)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcydissolution, termination, dissolution bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 4 contracts

Samples: Trust Agreement (Goldman Sachs Group Inc), Trust Agreement (Goldman Sachs Group Inc), Trust Agreement (Wachovia Capital Trust Iii)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. SECTION 10.2.

Appears in 3 contracts

Samples: Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp)

Limitation of Rights of Holders. Except as set ------------------------------- forth in Section 9.2, the deathbankruptcy, bankruptcydissolution, termination, dissolution death or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement or dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 3 contracts

Samples: Trust Agreement (Allegiant Capital Trust Ii), Trust Agreement (Allegiant Bancorp Inc), Trust Agreement (Allegiant Capital Trust I)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the deathbankruptcy, bankruptcydissolution, termination, dissolution death or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement or dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 3 contracts

Samples: Trust Agreement (First Star Capital Trust), Trust Agreement (First Star Capital Trust), Trust Agreement (Sun Capital Trust Ii)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution dissolution, bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementDeclaration of Trust, nor annuldissolve, dissolve terminate or terminate annul the Trust Issuer Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Personperson, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 2 contracts

Samples: Expenses and Liabilities (Privatebancorp, Inc), Expenses and Liabilities (Privatebancorp, Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution dissolution, bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve terminate or terminate annul the Trust Issuer Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Personperson, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 2 contracts

Samples: Trust Agreement (Zions Capital Trust B), Trust Agreement (Zions Capital Trust C)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the deathbankruptcy, bankruptcydissolution, termination, dissolution death or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement or dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (Northeast Bancorp /Me/)

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Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. (9) CapitalSource Finance LLC.

Appears in 1 contract

Samples: Trust Agreement (Capitalsource Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcydissolution, termination, dissolution bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.. Trust Agreement

Appears in 1 contract

Samples: Trust Agreement (Us Bancorp \De\)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not 58 operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (New Century Financial Corp)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, incapacity, bankruptcy, termination, dissolution or incapacity termination of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve amend or terminate the Trust Issuer Trust, nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (Northern Trust Corp)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcyincapacity, terminationdissolution, dissolution bankruptcy or incapacity termination of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve terminate or terminate annul the Trust Issuer Trust, nor entitle the legal representatives or heirs of such Person or any Holder for such Personperson, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (First Coastal Capital Trust)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the deathbankruptcy, bankruptcydissolution, termination, dissolution death or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement or dissolve, nor annulterminate or annul the Issuer Trust, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. SECTION 10.2.

Appears in 1 contract

Samples: Trust Agreement (BSB Capital Trust I)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.. 5093318 04310929

Appears in 1 contract

Samples: Trust Agreement (Bimini Capital Management, Inc.)

Limitation of Rights of Holders. Except as set forth in Section 9.2The death or incapacity, or the deathdissolution, bankruptcyliquidation, termination, dissolution or incapacity the bankruptcy of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annuldissolve, dissolve terminate or terminate annul the Trust Trust, nor entitle the legal representatives representatives, successors or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (Goldman Sachs Group Inc/)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, ------------- termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (First Banks, Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death, bankruptcyincapacity, terminationdissolution, dissolution bankruptcy or incapacity termination of any Person having an interest, beneficial or otherwise, in Trust Preferred Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, nor annul, dissolve terminate or terminate annul the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Personperson, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding winding-up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (Teco Energy Inc)

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