Common use of Limitations on Voting Rights Clause in Contracts

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 180 contracts

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

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Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Capital Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 93 contracts

Samples: Trust Agreement (Goldman Sachs Capital III), Declaration of Trust (First Merchants Corp), Declaration of Trust and Trust Agreement (Superior Bancorp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 64 contracts

Samples: Trust Agreement (Silicon Valley Bancshares), Trust Agreement (Bancfirst Corp /Ok/), Trust Agreement (Actuant CORP Capital Trust II)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 52 contracts

Samples: Trust Agreement (Southern Co Capital Trust Vii), Trust Agreement (Savannah Electric Capital Trust Ii), Trust Agreement (Gulf Power Capital Trust Ii)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 22 contracts

Samples: Trust Agreement (Us Bancorp \De\), Trust Agreement (Wells Fargo Capital XVIII), Trust Agreement (Mellon Financial Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement herein and in the Indenture and as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 20 contracts

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

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 13 contracts

Samples: Trust Agreement (Everest Re Group LTD), Trust Agreement (Bny Capital Vii), Trust Indenture Trust Agreement (Seacoast Financial Services Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 8.2 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 13 contracts

Samples: Trust Agreement (HPT Capital Trust I), Boise Cascade Corp, Agreement and Plan of Merger (Capital Senior Living Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 601, in Sections 512, 810 and 1002 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 12 contracts

Samples: Trust Agreement (Carolina Bank Holdings Inc), Trust Agreement (Crescent Capital Trust I), Trust Agreement (Southern Community Financial Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 12 contracts

Samples: Declaration of Trust (BEE Financing Trust III), Declaration of Trust (Strategic Hotels & Resorts, Inc), Trust Agreement (Webster Capital Trust Iv)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 601, in Sections 514, 810 and 1002 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 12 contracts

Samples: Trust Agreement (Stifel Financial Capital Trust), Trust Agreement (Yardville Capital Trust), Trust Agreement (First Banks Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.2, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 11 contracts

Samples: Trust Agreement (Lincoln National Corp), Trust Agreement (Lincoln National Corp), Trust Agreement (Lincoln National Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Debenture Indenture, and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as joint venturers, partners or members of an association.

Appears in 11 contracts

Samples: Trust Agreement (Semco Capital Trust Iii), Trust Agreement (Semco Capital Trust Iii), Trust Agreement (DRH Regrem Xii Lp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.3 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 11 contracts

Samples: Trust Agreement (Mellon Financial Corp), Trust Agreement (Mbna Corp), Trust Agreement (First Tennessee Capital Iv)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 601, in Sections 512, 810 and 1002 and in the Indenture and as otherwise required by law, no record Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 10 contracts

Samples: Trust Agreement (Wintrust Capital Trust I), Trust Agreement (Wintrust Capital Trust VI), Trust Agreement (Second Bancorp Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 9 contracts

Samples: Trust Agreement (Principal Financial Group Inc), Trust Agreement (Chubb Capital Trust Iii), Trust Agreement (Principal Financial Group Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 514, 810 and 1002 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 9 contracts

Samples: Trust Agreement (Public Service Co of Oklahoma), Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Southwestern Electric Power Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and Section 6.01, in the Indenture Section 10.03 and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 9 contracts

Samples: Trust Agreement (Mp&l Capital I), Agreement (Texas Utilities Electric Co), Trust Agreement (Tu Electric Capital Ii)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and or in the Indenture and or as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities CertificatesTrust Securities, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 9 contracts

Samples: License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Secured Trust 2003-1)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 8.9 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 8 contracts

Samples: Trust Agreement (CMS Energy Trust Ii), Trust Agreement (CNS Energy Trust Iii), Trust Agreement (CMS Energy Trust V)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 601, in Sections 513, 810 and 1002 and in the Indenture and as otherwise required by law, no record Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 7 contracts

Samples: Trust Agreement (Independent Bank Corp /Mi/), Trust Agreement (Southside Capital Trust Ii), Trust Agreement (Americredit Capital Trust I)

Limitations on Voting Rights. (a) a)......Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 7 contracts

Samples: Trust Agreement (Georgia Power Co), Trust Agreement (Georgia Power Co), Trust Agreement (Savannah Electric & Power Co)

Limitations on Voting Rights. (a) Except as expressly provided herein, in this the Trust Agreement Guarantee and in the Indenture Indentures and as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 6 contracts

Samples: Trust Agreement (Maui Electric Co LTD), Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Heco Capital Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 11.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 5 contracts

Samples: Trust Agreement (Alabama Power Co), Trust Agreement (Alabama Power Co), Trust Agreement (Gulf Power Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement herein and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 5 contracts

Samples: Agreement (Usf&g Corp), Agreement (Usf&g Corp), Agreement (Usf&g Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 5.14, Section 8.10 and Section 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Partnerre LTD), Assignment and Assumption Agreement (Partnerre LTD), Trust Agreement (MRH Capital Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (PartnerRe Finance B LLC), Trust Agreement (PartnerRe Finance B LLC), Trust Agreement (Partnerre LTD)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 601, in Sections 514, 810 and 1002 and in the Indenture and as otherwise set forth in the Guarantee or required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, ; nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Team Financial Capital Trust I), Trust Agreement (First Busey Capital Trust I), Trust Agreement (Baylake Capital Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Bear Stearns Capital Trust Iv), Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Companies Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust the Agreement and or in the Indenture and or as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities CertificatesTrust Securities, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Hartford Life Insurance Co), Trust Agreement (Hartford Life Insurance Co), Trust Agreement (Hartford Life Insurance Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Hl&p Capital Trust I), Agreement (Hl&p Capital Trust Iv), Agreement (Hl&p Capital Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and in the Indenture 10.2 and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Preferred Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 4 contracts

Samples: Trust Agreement (Teco Capital Trust Iii), Trust Agreement (Teco Capital Trust Iii), Trust Agreement (Teco Energy Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (First Chester County Corp), Trust Agreement (Temecula Valley Bancorp Inc), Trust Agreement (Temecula Valley Bancorp Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and 10.02 hereof, and in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (Southwestern Public Service Co), Trust Agreement (Western Resources Inc /Ks), Trust Agreement (Rouse Company)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 8.2 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Security Holders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (Dayton Superior Capital Trust), Trust Agreement (Merry Land Properties Inc), Trust Agreement (Merry Land Capital Trust)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (Omnicare Capital Trust Iii), Trust Agreement (Nextel Communications Inc), Trust Agreement (NCS of Illinois Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this the Trust Agreement and or in the Indenture and or as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties heretoto the Trust Agreement, nor shall anything herein in the Trust Agreement set forth, or contained in the terms of the Securities CertificatesTrust Securities, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 2.10, in Section 8.10 or in Section 11.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Southwestern Electric Power Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms terns of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 3 contracts

Samples: Trust Agreement (Us Home & Garden Trust I), Trust Agreement (Easy Gardener Products LTD), Trust Agreement (Us Home & Garden Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 3 contracts

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

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Old National Bancorp /In/), Trust Agreement (Onb Capital Trust Vi)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Sections 5.14, 8.10 and 10.02 of this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Bank of the Ozarks Inc), Trust Agreement (Ozark Capital Trust)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 6.1, in Sections 5.14, 8.10 and 10.2 and in the Indenture Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (First Union Corp), Agreement (Provident Companies Inc /De/)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture Section and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Sce Trust I), Trust Agreement (Sce Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in Section, the Indenture Guarantee and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Schwab Capital Trust Ii), Trust Agreement (Schwab Charles Corp)

Limitations on Voting Rights. (a) Except as expressly provided herein, in this the Trust Agreement Guarantee and in the Indenture and as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Redwood Capital Trust Ii), Trust Agreement and Agreement (Hawaiian Electric Industries Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Declaration of Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 2 contracts

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

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 810 and 1002 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 2 contracts

Samples: Trust Agreement (Nevada Power Co), Trust Agreement (Hartford Capital Ii /De/)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.Trust

Appears in 2 contracts

Samples: Trust Agreement (Onb Capital Trust Iv), Trust Agreement (HCC Capital Trust Ii)

Limitations on Voting Rights. (a) Except as expressly provided in ----------------------------- this Trust Agreement Section, in Section 8.2 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Alcoa Trust I)

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Limitations on Voting Rights. (a) Except as expressly provided in ---------------------------- this Trust Agreement Section 6.1, in Section 8.9 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (United Rentals Inc /De)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.Trust

Appears in 1 contract

Samples: Trust Agreement (Hartford Capital V)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Subordinated Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Sei Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.11 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Mony Group Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and Section, in Section 8.10 or Section 10.03 of this Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Alabama Power Capital Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Agreement or in a Trust Series Agreement and or in the Indenture and or as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust, any Trust Series or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities CertificatesTrust Securities, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Series Agreement (Protective Life Secured)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained confined in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Agreement (Bankunited Financial Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.. 24

Appears in 1 contract

Samples: Trust Agreement (Duke Capital Financing Trust V)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Citizens Communications Co)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and Section 6.01, in the Indenture Section 10.03 and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.. 31

Appears in 1 contract

Samples: Expense Agreement (Midamerican Energy Financing Ii)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and operation, or management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forthforth herein, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Wilmington Trust Capital A)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.3 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificatess, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Schwab Charles Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.of

Appears in 1 contract

Samples: Trust Agreement (Capitalsource Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities STACKS shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Marshall & Ilsley Corp/Wi/)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Preferred Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (GBB Capital I)

Limitations on Voting Rights. (a1) Except as expressly provided in this Trust Agreement herein and in the Indenture and as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Southwest Gas Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.. TRUST AGREEMENT

Appears in 1 contract

Samples: Trust Agreement (Mellon Financial Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders of Preferred Securities from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Morgans Hotel Group Co.)

Limitations on Voting Rights. (a) Except as expressly provided in this Section 6.1, in Sections 5.13, 8.10 and 11.3 of the Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Gentiva Health Services Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 514, 810 and 1002 and in the Indenture and as otherwise required by law, no Holder of o Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Central Power & Light Co /Tx/)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section 6.01, in Section 8.09 and 11.02 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Lucent Technologies Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.. 244

Appears in 1 contract

Samples: Trust Agreement (Sce&g Trust I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and 10.02 hereof, and in the Indenture Subordinated Indenture, and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.so

Appears in 1 contract

Samples: Trust Agreement (Western Resources Capital Ii)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 8.10 and in the Indenture 10.2 and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Preferred Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Teco Energy Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Visteon Corp)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Issuer Trust or the obligations of the parties hereto, nor shall anything herein set forth, forth or contained in the terms of the Securities Certificates, Certificates be construed so as to constitute the Holders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Everest Reinsurance Holdings Inc)

Limitations on Voting Rights. (a) a)......Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Subordinated Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Southern Energy Inc)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Sections 5.14, 8.10 and 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Securities Certificates, be construed so as to constitute the Holders from time to time as partners or members of an association.terms

Appears in 1 contract

Samples: Trust Agreement (American Coin Merchandising Trust Iv)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 10.03 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Amerus Capital I)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 8.2 and 10.2 and in the Subordinated Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Tower Automotive Inc

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement Section, in Section 5.14 Section 8.10 and Section 10.2 and in the Indenture and as otherwise required by law, no Holder of Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Renaissancere Holdings LTD)

Limitations on Voting Rights. (a) Except as expressly provided in this Trust Agreement ----------------------------- herein and in the Indenture and as otherwise required by law, no Holder of Preferred Trust Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (SJG Capital Trust)

Limitations on Voting Rights. (a) Except as expressly provided in this Section, in Section 8.10 or Section 10.03 of this Trust Agreement and Agreement, in the Indenture First Supplemental Indenture, and as otherwise required by law, no Holder of Trust Preferred Securities shall have any right to vote or in any manner otherwise control the administration, operation and management of the Trust or the obligations of the parties hereto, nor shall anything herein set forth, or contained in the terms of the Trust Securities Certificates, be construed so as to constitute the Holders Securityholders from time to time as joint venturers, partners or members of an association.

Appears in 1 contract

Samples: Trust Agreement (Semco Energy Inc)

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