Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments except for the Shares, the Contracts, the Treasury Securities, any additional U.S. Treasury securities delivered to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event, Marketable Securities; (b) to dispose of the Contracts prior to the Exchange Date; (c) to issue any securities or instruments except for the Securities, or to issue any Securities other than the Securities sold to the Sponsor and the Securities to be sold pursuant to the Underwriting Agreement and until such Securities have been so purchased and paid for in full; (d) to make short sales or purchases on margin; (e) to write put or call options; (f) to borrow money; (g) to underwrite securities; (h) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans; or (k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 2 contracts
Samples: Trust Agreement (Estee Lauder Automatic Common Exchange Security Trust), Trust Agreement (Fourth Automatic Common Exchange Security Trust)
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for other than the Shares, the Contracts, the stripped Treasury Securities, any additional U.S. Treasury securities delivered the Contracts and the Shares or other property received pursuant to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event, Marketable SecuritiesContract and/or a Collateral Agreement;
(b) to dispose invest less than 70% of the Trust’s total assets in the Contracts prior to (as measured at the Exchange Datepricing date of the Trust Securities offered by the Offering Circular);
(c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust;
(d) to issue any securities or instruments except for the SecuritiesTrust Securities and securities issued to the Settlor, or to issue any Trust Securities other than the Trust Securities sold to the Sponsor Settlor and the Trust Securities to be sold pursuant to the Underwriting Agreement and until such Securities have been so purchased and paid for in fullPurchase Agreement;
(de) to make short sales or purchases on margin;
(ef) to write put or call options;
(fg) to borrow money;
(gh) to underwrite securities;
(hi) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loansloans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3);
(k) to vary the investments held by the Trust; or
(kl) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), ) or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "domestic “grantor trust" ” under the Code.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement (2017 Mandatory Exchangeable Trust)
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the ContractsContract, the Treasury Securities, any additional U.S. Treasury securities delivered to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization EventEvent or a Spin-Off Distribution, Marketable SecuritiesSecurities or any other property received in such event;
(b) to dispose of the Contracts Contract prior to the Exchange Date;
(c) to issue any securities or instruments except for the Securities, or to issue any Securities other than the Securities sold to the Sponsor and the Securities to be sold pursuant to the Underwriting Purchase Agreement and until such Securities have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loansloans (other than the purchase of the Treasury Securities pursuant to Section 2.3);
(k) to vary the investments held by the Trust; or
(kl) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "domestic “grantor trust" ” under the Code.
Appears in 1 contract
Samples: Trust Agreement (2009 Dole Food Automatic Common Exchange Security Trust)
Limitations on Trustees' Powers. The Trustees Trustees, acting on behalf of the Trust, are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the Contracts, the U.S. Treasury Securities, any additional U.S. Treasury securities delivered the Contract, shares of Dollar General Common Stock acquired pursuant to the Trust in connection with an extension of the Exchange DateContract, the Temporary Investments contemplated by Section 3.5 hereof 3.04 hereof, and, in the event of a Reorganization Event, Marketable Securities;
(b) to dispose of the Contracts Contract prior to the Exchange Date;
(c) to issue any securities or instruments except for the SecuritiesSTRYPES, or to issue any Securities STRYPES other than the Securities STRYPES sold to the Sponsor and the Securities STRYPES to be sold pursuant to the Underwriting Purchase Agreement and until such Securities STRYPES have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loans; or
(k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 1 contract
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the ContractsContract, the Treasury Securities, any additional U.S. Treasury securities Government Securities delivered to the Trust in connection with an extension of the Exchange DateDate under the Contract, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization EventEvent or a Spin-Off Distribution, Marketable SecuritiesSecurities or any other property received in such event;
(b) to dispose of the Contracts Contract prior to the Exchange Date;
(c) to issue any securities or instruments except for the Securities, or to issue any Securities other than the Securities sold to the Sponsor and the Securities to be sold pursuant to the Underwriting Agreement and until such Securities have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loansloans (other than the purchase of the Treasury Securities pursuant to Section 2.3 hereof); or
(k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 1 contract
Samples: Trust Agreement (Estee Lauder Automatic Common Exchange Security Trust Ii)
Limitations on Trustees' Powers. The Trustees Trustees, acting on behalf of the Trust, are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the Contracts, the U.S. Treasury Securities, the Contract, the Escrow Agreement, any additional U.S. Treasury securities delivered Reference Security received pursuant to the Trust in connection with an extension of the Exchange DateContract, and the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event, Marketable Securities3.4 hereof;
(b) to dispose of the Contracts Contract or the Escrow Agreement prior to the Exchange Date;
(c) to issue any securities or instruments except for the SecuritiesSTRYPES, or to issue any Securities STRYPES other than the Securities STRYPES sold to the Sponsor and the Securities STRYPES to be sold pursuant to the Underwriting Purchase Agreement and until such Securities STRYPES have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loans; or
(k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 1 contract
Samples: Trust Agreement (WBK Strypes Trust)
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the ContractsContract, the Treasury Securities, any additional U.S. Treasury securities delivered to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event, Marketable Securities;
(b) to dispose of the Contracts Contract prior to the Exchange Date;
(c) to issue any securities or instruments except for the Securities, or to issue any Securities other than the Securities sold to the Sponsor and the Securities to be sold pursuant to the Underwriting Agreement and until such Securities have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loans; or
(k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 1 contract
Samples: Trust Agreement (CVS Automatic Common Exchange Security Trust)
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for other than the Shares, the Contracts, the stripped Treasury Securities, any additional U.S. Treasury securities delivered the Contract and the ADSs or other property received pursuant to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event, Marketable SecuritiesContract and/or Collateral Agreement;
(b) to dispose invest less than 70% of the Contracts prior to Trust’s total assets in the Exchange DateContract (as measured at the pricing date of the Trust Securities offered by the Offering Circular);
(c) to dispose of the Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities, (except as provided under Section 2.4(d)) and the termination of the Trust;
(d) to issue any securities or instruments except for the SecuritiesTrust Securities and securities issued to the Settlor, or to issue any Trust Securities other than the Trust Securities sold to the Sponsor Settlor and the Trust Securities to be sold pursuant to the Underwriting Agreement and until such Securities have been so purchased and paid for in fullPurchase Agreement;
(de) to make short sales or purchases on margin;
(ef) to write put or call options;
(fg) to borrow money;
(gh) to underwrite securities;
(hi) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loansloans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3);
(k) to vary the investments held by the Trust; or
(kl) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "domestic “grantor trust" ” under the Code.
Appears in 1 contract
Limitations on Trustees' Powers. The Trustees are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the Contracts, the Treasury Securities, any additional U.S. Treasury securities delivered to the Trust in connection with an extension of the Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization EventEvent or a Spin-Off Distribution, Marketable SecuritiesSecurities or any other property received in such event;
(b) to dispose of the Contracts prior to the Exchange Date;
(c) to issue any securities or instruments except for the Securities, or to issue any Securities other than the Securities sold to the Sponsor and the Securities to be sold pursuant to the Underwriting Purchase Agreement and until such Securities have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loansloans (other than the purchase of the Treasury Securities pursuant to Section 2.3);
(k) to vary the investments held by the Trust; or
(kl) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "domestic “grantor trust" ” under the Code.
Appears in 1 contract
Samples: Trust Agreement (2010 Swift Mandatory Common Exchange Security Trust)
Limitations on Trustees' Powers. The Trustees Trustees, acting on ------------------------------- behalf of the Trust, are not permitted:
(a) to purchase or hold any securities or instruments except for the Shares, the Contracts, the U.S. Treasury Securities, any additional U.S. Treasury securities delivered the Contract, shares of Xxxxxx Common Stock acquired pursuant to the Trust in connection with an extension of the Exchange DateContract, the Temporary Investments contemplated by Section 3.5 hereof 3.4 hereof, and, in the event of a Reorganization Event, Marketable Securities;
(b) to dispose of the Contracts Contract prior to the Exchange Date;
(c) to issue any securities or instruments except for the SecuritiesSTRYPES, or to issue any Securities STRYPES other than the Securities STRYPES sold to the Sponsor and the Securities STRYPES to be sold pursuant to the Underwriting Purchase Agreement and until such Securities STRYPES have been so purchased and paid for in full;
(d) to make short sales or purchases on margin;
(e) to write put or call options;
(f) to borrow money;
(g) to underwrite securities;
(h) to purchase or sell real estate, commodities or commodities contracts;
(i) to purchase restricted securities;
(j) to make loans; or
(k) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c), or otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a "grantor trust" under the Code.
Appears in 1 contract