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 or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 57 contracts

Samples: Trust Agreement (Bb&t Corp), Trust Agreement (Bb&t Corp), Trust Agreement (BB&T Capital Trust II)

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Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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. Any merger or similar agreement shall be executed by the Administrators on behalf of the Trust.

Appears in 15 contracts

Samples: Trust Agreement (National Penn Bancshares Inc), Trust Agreement (First Empire State Corp), Trust Agreement (Jeffbanks Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2The death, the death dissolution, bankruptcy or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, terminate or annul the 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 11 contracts

Samples: Trust Agreement (Wells Fargo Capital XVIII), Trust Agreement (Mellon Financial Corp), Trust Agreement (Wells Fargo & Co/Mn)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity incapacity, or the dissolution, liquidation, termination, or the bankruptcy of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 9 contracts

Samples: Trust Agreement (Metrocorp Inc), Trust Agreement (Keycorp Capital Iii), Trust Agreement (First Union Institutional Capital Ii)

Limitation of Rights of Holders. Except as set forth in Section 9.29.1, the death or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor 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: Declaration of Trust (First Merchants Corp), Declaration of Trust and Trust Agreement (Superior Bancorp), Declaration of Trust (Popular Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 4 contracts

Samples: Trust Agreement (PNC Capital Trust F), Trust Agreement (United Community Capital Trust), Trust Agreement (Mariner Capital Trust)

Limitation of Rights of Holders. Except as set forth in Section 9.2The death, the death incapacity, liquidation, dissolution, termination or incapacity bankruptcy of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person 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 4 contracts

Samples: Trust Agreement (Schwab Capital Trust Ii), Trust Agreement (Schwab Charles Corp), Trust Agreement (Gentiva Health Services Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2The death, the death incapacity, dissolution, bankruptcy or incapacity termination of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, terminate or annul 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 (HCC Capital Trust Ii), Trust Agreement (Old National Bancorp /In/), Trust Agreement (Onb Capital Trust Iv)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity of any person Person having an interest, beneficial or otherwise, in a Trust Securities Security shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person Person or any Holder for such personPerson, to claim an accounting, take any action or bring any proceeding in any court and 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 3 contracts

Samples: Trust Agreement (Omnicare Inc), Trust Agreement (Omnicare Inc), Trust Agreement (Omnicare Capital Trust Ii)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 2 contracts

Samples: Declaration of Trust and Trust Agreement (Willamette Industries Inc), Declaration of Trust and Trust Agreement (Willamette Industries Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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. Any merger or similar agreement shall be executed by the Administrators on behalf of the Issuer Trust.

Appears in 1 contract

Samples: Gold Banc Corp Inc

Limitation of Rights of Holders. Except as set forth in Section 9.2Section_9.2, the death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 1 contract

Samples: Trust Agreement (Mason Dixon Capital Trust Ii)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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. Any merger or similar agreement shall be executed by the Administrators on behalf of the issuer Trust.

Appears in 1 contract

Samples: Trust Agreement (Broad National Bancorporation)

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Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity incapacity, or the dissolution, liquidation, termination, or the bankruptcy of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementDeclaration, 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 1 contract

Samples: Agreement (Provident Companies Inc /De/)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death death, incapacity, 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 entitle the legal representatives representatives, successors 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 1 contract

Samples: Agreement (Aig Capital Trust I)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person 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 (Dime Bancorp Inc)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 1 contract

Samples: Trust Agreement (Cullen Frost Capital Trust Ii)

Limitation of Rights of Holders. Except as set forth in Section 9.2The death, the death incapacity, dissolution, bankruptcy or incapacity termination of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementAgreement nor dissolve, terminate or annul the Trust nor entitle the legal representatives or heirs of such person or any Holder for such person, 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 (Onb Capital Trust Vi)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person 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 (Franklin Capital Trust I)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, 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 (Uhc Capital I)

Limitation of Rights of Holders. Except as set forth in Section 9.2, the The death or incapacity incapacity, or the dissolution, liquidation, termination, or the bankruptcy of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives representatives, successors or heirs of such person 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 (Diamond Foods Inc)

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