Common use of Limitation of Rights of Securityholders Clause in Contracts

Limitation of Rights of Securityholders. 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 Securityholder 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 87 contracts

Samples: Trust Agreement (Cna Financial Corp), Trust Agreement (Cna Financial Corp), Trust Agreement (Silicon Valley Bancshares)

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Limitation of Rights of Securityholders. 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 Securityholder 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 76 contracts

Samples: Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Omnicare Capital Trust Iii), Trust Agreement (Mississippi Power Co)

Limitation of Rights of Securityholders. 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 Securityholder 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 65 contracts

Samples: Trust Agreement (San Rafael Bancorp), Trust Agreement (Alabama National Bancorporation), Trust Agreement (Bridge Bancorp Inc)

Limitation of Rights of Securityholders. The death 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 Securityholder 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 32 contracts

Samples: Trust Agreement (Mellon Financial Corp), Trust Agreement (Mellon Financial Corp), Trust Agreement (Schwab Charles Corp)

Limitation of Rights of Securityholders. The death death, incapacity, bankruptcy, dissolution or incapacity termination of any person Person having an interest, beneficial or otherwise, in a Trust Securities Security shall not operate to terminate this Trust Agreement, nor dissolve, terminate or annul the Trust, nor entitle the legal representatives or heirs of such person Person or any Securityholder 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 26 contracts

Samples: Trust Agreement (PPL Capital Funding Inc), Agreement (Txu Gas Capital Iv), Trust Agreement (Southwestern Electric Power Co)

Limitation of Rights of Securityholders. The death or incapacity of any 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 or any Securityholder 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 18 contracts

Samples: Trust Agreement (Tu Electric Capital Iii), Trust Agreement (Midamerican Energy Financing Ii), Trust Agreement (Delmarva Power & Light Co /De/)

Limitation of Rights of Securityholders. The death 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 dissolve, terminate or annul the Trust, nor entitle the legal representatives or heirs of such person Person or any Securityholder 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 17 contracts

Samples: Trust Agreement (Susquehanna Bancshares Inc), Trust Agreement (Susquehanna Capital IV), Trust Agreement (Countrywide Capital VIII)

Limitation of Rights of Securityholders. 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 Securityholder 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 15 contracts

Samples: Trust Agreement (Ebh Capital Trust I), Trust Agreement (VBC Capital I), Trust Agreement (Bank of the Ozarks Inc)

Limitation of Rights of Securityholders. The bankruptcy, death or dissolution 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 Securityholder 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 12 contracts

Samples: Trust Agreement (HPH Homebuilders 2000 Lp), Trust Agreement (DRH Regrem Xii Lp), Trust Agreement (DRH Regrem Xii Lp)

Limitation of Rights of Securityholders. The death death, dissolution 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 Securityholder 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 7 contracts

Samples: Trust Agreement (Southwest Gas Corp), Trust Agreement (Southwest Gas Corp), Trust Agreement (Public Service Enterprise Group Inc)

Limitation of Rights of Securityholders. 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 Securityholder 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 7 contracts

Samples: Trust Agreement (CMS Energy Trust V), Trust Agreement (Host Marriott Corp/Md), Trust Agreement (Host Marriott Corp/)

Limitation of Rights of Securityholders. The death 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 Securityholder 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 5 contracts

Samples: Trust Agreement (Actuant CORP Capital Trust II), Trust Agreement (Wec Capital Trust Ii), Trust Agreement (Covanta Capital Trust Iii)

Limitation of Rights of Securityholders. 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 annul, dissolve or terminate the Trust, nor entitle the legal representatives or heirs of such person or any Securityholder 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 (Principal Financial Group Inc), Trust Agreement (AmerUs Capital V), Trust Agreement (AmerUs Capital V)

Limitation of Rights of Securityholders. 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 Securityholder for such personPerson, to claim an accounting, take any action or bring any proceeding in any court and 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 (Defs Capital Trust I), Trust Agreement (Duke Capital Financing Trust Vi), Trust Agreement (Duke Capital Financing Trust Vi)

Limitation of Rights of Securityholders. 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 Securityholder 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: Agreement (Usf&g Corp), Agreement (Usf&g Corp), Agreement (Usf&g Corp)

Limitation of Rights of Securityholders. The death 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 AgreementDeclaration of Trust, nor or entitle the legal representatives or heirs of such person person, or any Securityholder 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 or otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 4 contracts

Samples: Resource Capital Trust I, Guaranty Capital Trust I, Highlands Capital Trust I

Limitation of Rights of Securityholders. The death 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 Securityholder 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 (Idacorp Trust Iii), Trust Agreement (Idacorp Trust Iii), Trust Agreement (Associates First Capital Iii)

Limitation of Rights of Securityholders. The death death, dissolution or incapacity of any person Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementDeclaration, nor dissolve, annul or terminate the Trust, nor entitle the legal representatives or heirs of such person Person or any Securityholder 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 2 contracts

Samples: Trust Agreement (Public Service Enterprise Group Inc), Trust Agreement (Public Service Electric & Gas Co)

Limitation of Rights of Securityholders. The death or incapacity of any 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 or any Securityholder for such person, 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 2 contracts

Samples: Trust Agreement (Alabama Power Capital Trust I), Trust Agreement (Alabama Power Co)

Limitation of Rights of Securityholders. The death Except as provided in Section 9.02 hereof, the death, incapacity, bankruptcy, termination, dissolution or incapacity liquidation 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 Securityholder 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 (Entergy Gulf States Inc), Trust Agreement (Entergy Gulf States Capital I)

Limitation of Rights of Securityholders. 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 Securityholder 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 2 contracts

Samples: Trust Agreement (Greater Atlantic Financial Corp), Trust Agreement (Independent Capital Trust)

Limitation of Rights of Securityholders. 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 Securityholder 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 2 contracts

Samples: Trust Agreement (Duke Capital Financing Trust Iii), Trust Agreement (Duke Energy Capital Trust Ii)

Limitation of Rights of Securityholders. The death 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 entitle the legal representatives or heirs of such person or any Securityholder 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 2 contracts

Samples: Boise Cascade Corp, Boise Cascade Trust Iii

Limitation of Rights of Securityholders. The death or incapacity of any person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust AgreementDeclaration, nor entitle the legal representatives or heirs of such person or any Securityholder 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 2 contracts

Samples: Superior Trust I, Superior Trust I

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Limitation of Rights of Securityholders. 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 Securityholder for such person, to claim an accounting, take any action or bring any arty 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 (Oneok Inc /New/), Trust Agreement (Oneok Inc /New/)

Limitation of Rights of Securityholders. 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 Securityholder 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 (Us Bancorp Capital I)

Limitation of Rights of Securityholders. The death or incapacity incapacity, liquidation, dissolution, termination or 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 or any Securityholder 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 (Riggs National Corp)

Limitation of Rights of Securityholders. The death or --------------------------------------- incapacity of any 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 or any Securityholder 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 (Rouse Company)

Limitation of Rights of Securityholders. 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 Securityholder 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.. Section 10.03

Appears in 1 contract

Samples: Trust Agreement (Duke Energy Capital Trust Iii)

Limitation of Rights of Securityholders. The death or incapacity of any person having an interest, beneficial or otherwise, in Trust Preferred Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person or any Securityholder 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 (GBB Capital I)

Limitation of Rights of Securityholders. 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 Securityholder 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 (Lucent Technologies Inc)

Limitation of Rights of Securityholders. 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 Securityholder for such personPerson, to claim an accounting, take any action or bring any proceeding in any court and 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 10.03

Appears in 1 contract

Samples: Trust Agreement (Duke Capital Financing Trust V)

Limitation of Rights of Securityholders. 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 47 53 or heirs of such person or any Securityholder 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 (Cfac Capital I)

Limitation of Rights of Securityholders. The death or --------------------------------------- incapacity of any person having an interest, beneficial or otherwise, in the Trust Securities shall not operate to terminate this Trust Agreement, nor entitle the legal representatives or heirs of such person or any Securityholder 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, hereby nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.

Appears in 1 contract

Samples: Trust Agreement (PMC Capital I)

Limitation of Rights of Securityholders. 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 Securityholder 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 (United Rentals Inc /De)

Limitation of Rights of Securityholders. The death 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 entitle the legal representatives or heirs of such person or any Securityholder 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: Republic New York Capital Iv

Limitation of Rights of Securityholders. 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 Securityholder 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 (SJG Capital Trust)

Limitation of Rights of Securityholders. 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 AgreementAmended and Restated Declaration of Trust, nor dissolve, terminate or annul the Trust, nor entitle the legal representatives or heirs of such person Person or any Securityholder 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 1 contract

Samples: Expenses and Liabilities (Exelon Corp)

Limitation of Rights of Securityholders. 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 Securityholder 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 10.02.

Appears in 1 contract

Samples: Trust Agreement (Pacific Gas & Electric Co)

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