Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 23 contracts
Samples: Guarantee Agreement (Capital One Financial Corp), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp)
Lists of Holders of Securities. (a) The Guarantor Company shall provide the Guarantee Trustee (iunless the Guarantee Trustee is otherwise the registrar of the Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”"):
(i) as of the record date relating to the payment of any Guarantee Payment, at least one Business Day prior to the date for payment of such DistributionsGuarantee Payment, and except while the Preferred Securities are represented by one or more Global Preferred Securities; and
(ii) at any other time, within 30 days of receipt by the Guarantor Company of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 fifteen days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders . If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Guarantee Trustee by the GuarantorCompany, the Company shall not be obligated to provide such List of Holders. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, ; provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 16 contracts
Samples: Guarantee Agreement (New York Community Capital Trust I), Guarantee Agreement (New York Community Capital Trust I), Guarantee Agreement (New York Community Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 15 contracts
Samples: Preferred Securities Guarantee Agreement (New York Community Capital Trust I), Preferred Securities Guarantee Agreement (New York Community Bancorp Inc), Preferred Securities Guarantee Agreement (New York Community Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 13 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Capital Trust V)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of such date, (i) concurrently with the record date relating provision of such a list to the payment of such DistributionsInstitutional Trustee pursuant to the Declaration, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 11 contracts
Samples: Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp)
Lists of Holders of Securities. (a) The In the event the Preferred Guarantee Trustee is not also the Securities Registrar, the Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“the "List of Holders”") as of the record date relating to the payment such date, (i) within 1 Business Day after January 1 and June 30 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 11 contracts
Samples: Preferred Securities Guarantee Agreement (Simmons First Capital Trust), Preferred Securities Guarantee Agreement (Yardville Capital Trust), Preferred Securities Guarantee Agreement (Peoples Bancshares Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after January 1 and June 30 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders Holders. Such list shall be as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided that the . The Guarantor shall not be obligated to provide such List of Holders if at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Fleet Capital Trust Vii), Preferred Securities Guarantee Agreement (Colonial Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleet Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as (i) on or before January 15 and July 15 of the record date relating to the payment of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders Holders, as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Spectrum Capital Trust Ii), Preferred Securities Guarantee Agreement (Flagstar Trust), Preferred Securities Guarantee Agreement (Bank of the Ozarks Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") (i) as of the record date relating to the payment January 1 and June 30 of such Distributionseach year, within one Business Day thereafter, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Preferred Guarantee Trustee for a List of Holders Holders, which shall be as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the -------- Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 9 contracts
Samples: Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv)
Lists of Holders of Securities. (a) The Guarantor shall provide In the event the Guarantee Trustee (i) except while is not also acting in the Capital Securities are represented by one or more Global Securitiescapacity of the Property Trustee under the Trust Agreement, at least two Business Days prior the Guarantor shall cause to be provided to the date for payment of Distributions, Guarantee Trustee with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions(i) within one Business Day after March 15, June 15, September 15 and December 15, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Mbhi Capital Trust I), Preferred Securities Guarantee Agreement (Ifc Capital Trust Ii), Guarantee Agreement (Southern Community Financial Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 8 contracts
Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (Banknorth Capital Trust Ii), Guarantee Agreement (Us Bancorp \De\)
Lists of Holders of Securities. (a) The Guarantor Each of the Sponsor and the Administrative Trustees on behalf of the Trust shall provide the Guarantee Property Trustee (i) ), except while the Capital Securities are represented by one or more Global Securities, at least two five Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Property Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor Trust of a written request from the Guarantee Property Trustee for a List of Holders Holders, as of a date no more than 15 days before such List of Holders is given to the Guarantee Property Trustee; provided that neither the Guarantor Sponsor nor the Administrative Trustees on behalf of the Trust shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Property Trustee by the GuarantorSponsor and the Administrative Trustees on behalf of the Trust. The Guarantee Property Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to itit or which it receives in the capacity as Paying Agent (if acting in such capacity), provided that the Guarantee Property Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Property Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 7 contracts
Samples: Trust Agreement (Us Bancorp \De\), Trust Agreement (Us Bancorp \De\), Trust Agreement (Us Bancorp \De\)
Lists of Holders of Securities. (a) The Guarantor shall, or shall cause the Institutional Trustee to, provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after January 1 and June 30 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. Unless supplemented, amended or restated pursuant to this Section 2.2(a), the Preferred Guarantee Trustee shall be entitled to rely exclusively on the last list of Holders provided to it by the Guarantor or any Institutional Trustee.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Preferred Securities Guarantee Agreement (Hartford Life Capital Iii), Preferred Securities Guarantee Agreement (Hartford Life Capital Iii)
Lists of Holders of Securities. (a) The Guarantor shall provide In the event the Guarantee Trustee (i) except while is not also acting in the Capital Securities are represented by one or more Global Securitiescapacity of the Property Trustee under the Trust Agreement, at least two Business Days prior the Guarantor shall cause to be provided to the date for payment of Distributions, Guarantee Trustee a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions(i) within one Business Day after March 15, June 15, September 15 and December 15, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Ifc Capital Trust Vi), Preferred Securities Guarantee Agreement (First Merchants Corp), Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/)
Lists of Holders of Securities. (a) The Guarantor shall provide In the event the Guarantee Trustee (i) except while is not also acting in the Capital Securities are represented by one or more Global Securitiescapacity of the Property Trustee under the Trust Agreement, at least two Business Days prior the Guarantor shall cause to be provided to the date for payment of Distributions, Guarantee Trustee a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions(i) within one Business Day after March 15, June 15, September 15 and December 15, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided PROVIDED, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Independent Bank Corp), Preferred Securities Guarantee Agreement (Independent Bank Corp), Preferred Securities Guarantee Agreement (First Merchants Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”"), (i) within 14 days after each record date for payment of Distributions, as of the such record date relating to the payment of such Distributions, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; , provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Hercules Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Nb Capital Trust I), Preferred Securities Guarantee Agreement (Nb Capital Trust I), Preferred Securities Guarantee Agreement (Nb Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the such date, (i) within 10 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 10 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Lists of Holders of Securities. (a) The Guarantor Each of the Sponsor and the Administrative Trustees on behalf of the Trust shall provide the Guarantee Property Trustee (i) ), except while the Capital Securities are represented by one or more Global Securities, at least two five Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Property Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor Trust of a written request from the Guarantee Property Trustee for a List of Holders Holders, as of a date no more than 15 days before such List of Holders is given to the Guarantee Property Trustee; provided that neither the Guarantor Sponsor nor the Administrative Trustees on behalf of the Trust shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Property Trustee by the GuarantorSponsor and the Administrative Trustees on behalf of the Trust. The Guarantee Property Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to itit or which it receives in the capacity as Paying Agent (if acting in such capacity), provided that the Guarantee Property Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Property Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Trust Agreement (Us Bancorp \De\), Trust Agreement (Us Bancorp \De\), Trust Agreement (Us Bancorp \De\)
Lists of Holders of Securities. (a) The Guarantor shall provide In the event the Guarantee Trustee (i) except while is not also acting in the Capital Securities are represented by one or more Global Securitiescapacity of the Property Trustee under the Trust Agreement, at least two Business Days prior the Guarantor shall cause to be provided to the date for payment of Distributions, Guarantee Trustee at such times as the Guarantee Trustee may request a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“List of Holders”) as of the record date relating to the payment of such Distributions(i) within one Business Day after March 15, June 15, September 15 and December 15, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (First Financial Capital Trust II)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”"), (i) within one Business Day after January 1 and June 30 of each year and current as of the record date relating to the payment of such Distributionsdate, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Preferred Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Preferred Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee it may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 5 contracts
Samples: Guarantee Agreement (Conseco Inc), Preferred Securities Guarantee Agreement (Conseco Inc Et Al), Preferred Securities Guarantee Agreement (Conseco Inc Et Al)
Lists of Holders of Securities. (a1) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”"), (i) within 14 days after each record date for payment of Distributions (as defined in the Declaration) as of the such record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b2) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Bank One Capital Iv), Preferred Securities Guarantee Agreement (Bank One Capital Iii), Preferred Securities Guarantee Agreement (Bank One Capital V)
Lists of Holders of Securities. (a) The To the extent the Preferred Securities Trustee shall not also be acting as Property Trustee at the time action is called for under (i) or (ii) below, the Guarantor shall provide the Guarantee Preferred Securities Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment within 14 days after January 1 and June 30 of Distributionseach year, a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment of such Distributionsdate, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Guarantee Trustee. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Household Capital Trust Vi), Preferred Securities Guarantee Agreement (Household Capital Trust Vii), Preferred Securities Guarantee Agreement (Household International Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment (i) within one Business Day after January 1 and June 30 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Guarantee Agreement (Eagle Bancshares Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
Lists of Holders of Securities. (a) The In the event the Trust Preferred Guarantee Trustee is not also the Securities Registrar, the Guarantor shall provide the Trust Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Trust Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions(i) within five (5) Business Days after March 15, June 15, September 15 and December 15, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Trust Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Trust Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The If applicable, the Trust Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 5 contracts
Samples: Trust Preferred Securities Guarantee Agreement (United Bancorporation of Alabama Inc), Trust Preferred Securities Guarantee Agreement (BCSB Bankcorp Inc), Trust Preferred Securities Guarantee Agreement (Enterprise Financial Services Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Trust Preferred Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 4 contracts
Samples: Guarantee Agreement (City National Corp), Guarantee Agreement (Capital One Financial Corp), Guarantee Agreement (Capital One Financial Corp)
Lists of Holders of Securities. (a) The Guarantor shall, or shall cause the Institutional Trustee to, provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, list of the names and addresses of the Holders of the Securities (“List of Holders”i) as of on a date not later than the record date relating for any payment or other distribution to the payment of such DistributionsHolders hereunder or under the Declaration, and (ii) at any such other timetimes as the Preferred Guarantee Trustee may request in writing, within 30 days of after the receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders any such request, as of a date no more than 15 14 days before such List list of Holders is given to the Preferred Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List a list of Holders holders at any time the List of Holders does that such list would not differ from the most recent List of Holders given last such list provided by the Guarantor to the Preferred Guarantee Trustee by the Guarantorunder this Section 2.2(a). The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. Unless supplemented, amended or restated pursuant to this Section 2.2(a), the Preferred Guarantee Trustee shall be entitled to rely exclusively on the last list of Holders provided to it by the Guarantor or any Institutional Trustee.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (Forest City Enterprises Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor Each of the Sponsor and the Administrative Trustees on behalf of the Trust shall provide the Guarantee Property Trustee, unless the Property Trustee is Registrar for the Securities, (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the within 14 days after each record date for payment of Distributions, a list, in such form as the Guarantee Property Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of such record date, provided that neither the record date relating Sponsor nor the Administrative Trustees on behalf of the Trust shall be obligated to provide such List of Holders at any time that the List of Holders does not differ from the most recent List of Holders given to the payment Property Trustee by the Sponsor and the Administrative Trustees on behalf of such Distributionsthe Trust, and (ii) at any other time, within 30 days of receipt by the Guarantor Trust of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Guarantee Property Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Property Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to itit or which it receives in the capacity as Paying Agent (if acting in such capacity), provided that the Guarantee Property Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Property Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 4 contracts
Samples: Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust VII)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after April 1 and October 1 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Series B Capital Securities Guarantee Agreement (Webster Capital Trust Ii), Capital Securities Guarantee Agreement (Eagle Financial Corp), Series a Capital Securities Guarantee Agreement (Webster Capital Trust Ii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Trust Preferred Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such Distributions, and (ii) at any other time, time within 30 days of receipt by the Guarantor Trust of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), Section 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Westcoast Hospitality Corp), Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (Westcoast Hospitality Capital Trust)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be -------- ------- obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (NHTB Capital Trust I), Capital Securities Guarantee Agreement (GBB Capital V), Capital Securities Guarantee Agreement (Westbank Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“List of Holders”) as of the such date, (i) within 10 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 10 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bac Capital Trust Xii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the such date, (i) within 10 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 10 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Lists of Holders of Securities. (a) The In the event the Trust Preferred Guarantee Trustee is not also acting in the capacity of the Property Trustee under the Trust Agreement, the Guarantor shall provide cause to be provided to the Trust Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Trust Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Trust Preferred Securities (“"List of Holders”") as of the record date relating to (i) within five (5) Business Days after the payment last day of such DistributionsMarch, June, September and December, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Trust Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Trust Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Trust Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Prosperity Capital Trust I), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") (i) as of the record date relating to the payment January 1 and June 30 of such Distributionseach year, within 10 Business Days thereafter, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Preferred Guarantee Trustee for a List of Holders Holders, which shall be as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Coastal Corp), Preferred Securities Guarantee Agreement (Coastal Corp), Preferred Securities Guarantee Agreement (Coastal Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Trust Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee, excluding from any such list names and addresses received by the Guarantee Trustee in its capacity as Security Registrar; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Dominion Resources Inc /Va/), Trust Preferred Securities Guarantee Agreement (Markel Corp), Guarantee Agreement (Virginia Electric & Power Co)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee, excluding from any such list names and addresses received by the Guarantee Trustee in its capacity as Security Registrar; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Guarantee Agreement (Dominion Resources Inc /Va/), Guarantee Agreement (Dominion CNG Capital Trust Ii), Guarantee Agreement (Consolidated Natural Gas Co/Va)
Lists of Holders of Securities. (a) The Guarantor shall provide the Investment Guarantee Trustee (iunless the Investment Guarantee Trustee is otherwise the Security Registrar of the Affiliate Debenture) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Investment Guarantee Trustee may reasonably require, of the names and addresses of the Holders Holder(s) of the Securities Affiliate Debenture (“"List of Holders”") as of the record date relating to the payment such date, (i) within one (1) Business Day after June 15 and December 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Investment Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Investment Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Investment Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Investment Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Affiliate Debenture Guarantee Agreement (Uds Funding Ii Lp), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Lists of Holders of Securities. (a) The Within 60 days after May 15 of each year (commencing May 15, 2007), the Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions; provided that if the Capital Securities are in global form, and (ii) at any other timethe Guarantor shall, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders, provide a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that . Notwithstanding the foregoing, the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the within five days after each record date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the such record date relating to the payment of such Distributionsdate, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor, and (ii) at any other time within 30 days of receipt by the Guarantor of a written request for a List of Holders, which List of Holders shall be as of a date no more than 14 days before such List of Holders is given to the Guarantee Trustee. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Capital Trust V)
Lists of Holders of Securities. (a) The New Guarantor shall provide the Investment Guarantee Trustee (iunless the Investment Guarantee Trustee is otherwise the Security Registrar of the Affiliate Debenture) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Investment Guarantee Trustee may reasonably require, of the names and addresses of the Holders Holder(s) of the Securities Affiliate Debenture (“List of Holders”) as of the record date relating to the payment such date, (i) within one (1) Business Day after June 15 and December 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the New Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Investment Guarantee Trustee; provided Trustee provided, that the New Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Investment Guarantee Trustee by the New Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Investment Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Investment Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII)
Lists of Holders of Securities. (a) The Guarantor shall, or shall cause the Institutional Trustee to, provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, list of the names and addresses of the Holders of the Securities (“List of Holders”i) as of on a date not later than the record date relating for any payment or other distribution to the payment of such DistributionsHolders hereunder or under the Declaration, and (ii) at any such other timetimes as the Preferred Guarantee Trustee may request in writing, within 30 days of after the receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders any such request, as of a date no more than 15 14 days before such List list of Holders is given to the Preferred Guarantee Trustee; provided PROVIDED, that the Guarantor shall not be obligated to provide such List a list of Holders holders at any time the List of Holders does that such list would not differ from the most recent List of Holders given last such list provided by the Guarantor to the Preferred Guarantee Trustee by the Guarantorunder this Section 2.2(a). The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. Unless supplemented, amended or restated pursuant to this Section 2.2(a), the Preferred Guarantee Trustee shall be entitled to rely exclusively on the last list of Holders provided to it by the Guarantor or any Institutional Trustee.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time that the Guarantor certifies in writing to the Preferred Securities Guarantee Trustee that the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Continental Airlines Finance Trust Iii), Preferred Securities Guarantee Agreement (Spinnaker Exploration Co), Preferred Securities Guarantee Agreement (Halliburton Capital Trust I)
Lists of Holders of Securities. (a) The In the event the Preferred Guarantee Trustee is not also the Transfer Agent, the Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within 1 Business Day after January 1 and June 30 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Fixed Rate Preferred Securities Guarantee Agreement (1st Source Capital Trust Ii), Floating Rate Preferred Securities Guarantee Agreement (1st Source Capital Trust Ii), Preferred Securities Guarantee Agreement (Mvbi Capital Trust)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after December 15 and June 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Markel Corp), Capital Securities Guarantee Agreement (Markel Corp)
Lists of Holders of Securities. (a) The In the event the Guarantee Trustee is not also acting in the capacity of the Property Trustee, the Guarantor shall, or shall cause the Property Trustee to, provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, list of the names and addresses of the Holders of (the Securities (“"List of Holders”")
(i) as of on a date not later than the record date relating for any payment or other distribution to the payment of such DistributionsHolders hereunder or under the Declaration, and (ii) at any such other timetimes as the Guarantee Trustee may request in writing, within 30 days of after the receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders any such request, as of a date no more than 15 14 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such a List of Holders at any time the List of Holders does that such list would not differ from the most recent List of Holders given last such list provided by the Guarantor to the Guarantee Trustee by the Guarantorunder this Section 2.2(a). The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. Unless supplemented, amended or restated pursuant to this Section
2.2(a) the Guarantee Trustee shall be entitled to rely exclusively on the last List of Holders provided to it by the Guarantor or any Property Trustee.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc), Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc)
Lists of Holders of Securities. (a) The In the event the Capital Guarantee Trustee is not also acting in the capacity of the Property Trustee under the Trust Agreement, the Guarantor shall provide cause to be provided to the Capital Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Capital Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the record date relating to (i) within five (5) Business Days after the payment last day of such DistributionsMarch, June, September and December, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Capital Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Capital Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Heartland Financial Capital Trust I), Capital Securities Guarantee Agreement (Colorado Business Bankshares Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Weyerhaeuser Co), Guarantee Agreement (Weyerhaeuser Co)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“List of Holders”) as of the such date, (i) within 10 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 10 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (BAC Capital Trust XX)
Lists of Holders of Securities. (a) The In the event the Trust Preferred Guarantee Trustee is not also acting in the capacity of the Property Trustee under the Trust Agreement, the Guarantor shall provide cause to be provided to the Trust Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Trust Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Trust Preferred Securities (“"List of Holders”") as of the record date relating to (i) within five (5) Business Days after the payment last day of such DistributionsMarch, June, September and December, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Trust Preferred Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders caused to have been given to the Trust Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Trust Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I), Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”"), (i) quarterly, not later than the Business Day immediately following each record date for distributions on the Securities as fixed under the Declaration, and current as of the such record date relating to the payment of such Distributionsdate, and (ii) at any such other timetimes as the Guarantee Trustee may request in writing, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide excluding from any such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to list names and addresses received by the Guarantee Trustee by in its capacity as Security Registrar (as defined in the GuarantorIndenture). The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee it may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Commerce Security Bancorp Inc), Guarantee Agreement (Csbi Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Trust Agreement), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the -------- ------- Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Series B Capital Securities Guarantee Agreement (GBB Capital Ii), Series B Capital Securities Guarantee Agreement (Greater Bay Bancorp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Series A Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series A Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided PROVIDED, HOWEVER, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Bfoh Capital Trust I), Series a Capital Securities Guarantee Agreement (BFD Preferred Capital Trust Ii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Trust Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributionsdistributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Trust Preferred Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, distributions and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“List of Holders”) as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the such date, (i) within 10 days after each record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 10 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such -------- List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”")
(i) within one Business Day after January 1 and June 30 of each year and current as of the record date relating to the payment of such Distributionsdate, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Capital Securities Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee it may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Equitable of Iowa Companies Capital Trust Ii), Guarantee Agreement (Equitable of Iowa Companies)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”"LIST OF HOLDERS") as of the record date relating to the payment such date, (i) within one Business Day after May 15 and November 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time that the Guarantor certifies in writing to the Preferred Securities Guarantee Trustee that the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Illinois Power Co), Preferred Securities Guarantee Agreement (Illinois Power Co)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two (2) Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 thirty (30) days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 fifteen (15) days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Compass Trust Iii), Guarantee Agreement (Compass Bancshares Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of such date, (i) concurrently with the record date relating provision of such a list to the payment of such DistributionsProperty Trustee pursuant to the Trust Agreement, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Berkley W R Corp), Preferred Securities Guarantee Agreement (Berkley W R Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Series A Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series A Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Series a Capital Securities Guarantee Agreement (Hamilton Capital Trust I), Series a Capital Securities Guarantee Agreement (Hamilton Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Partnership Preferred Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within 1 day after January 1 and June 30 of such Distributions, each year and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
(c) Every Holder, by receiving and holding the same, agrees with the Guarantor and the Guarantee Trustee that neither the Guarantor nor the Guarantee Trustee nor any agent of either of them shall be held accountable by reason of any disclosure of information as to names and addresses of Holders made pursuant to the Trust Indenture Act.
Appears in 2 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Series B Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor -------- ------- shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Series B Capital Securities Guarantee Agreement (Greater Bay Bancorp), Series B Capital Securities Guarantee Agreement (GBB Capital Iv)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after January 15 and July 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Capital Trust Ii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (iunless the Guarantee Trustee is otherwise the registrar of the Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”"):
(i) as of the record date relating to the payment of any Guarantee Payment, at least one Business Day prior to the date for payment of such DistributionsGuarantee Payment, and except while the Preferred Securities are represented by one or more Global Preferred Securities; and
(ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 fifteen days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders . If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Guarantee Trustee by the Guarantor, the Guarantor shall not be obligated to provide such List of Holders. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Indymac Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee, excluding from any such list names and addresses received by the Guarantee Trustee in its capacity as Security Registrar; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Dominion Resources Capital Trust Iv), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after ____________, ____________, ____________ and ____________ of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc), Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after May 15 and November 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time that the Guarantor certifies in writing to the Capital Securities Guarantee Trustee that the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (NGC Corp Capital Trust I), Capital Securities Guarantee Agreement (NGC Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Series B Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such Distributions, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Peoples Bancorp Inc), Capital Securities Guarantee Agreement (Peoples Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Convertible Preferred Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within 1 day after January 1 and June 30 of such Distributions, each year and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
(c) Every Holder, by receiving and holding the same, agrees with the Guarantor and the Guarantee Trustee that neither the Guarantor nor the Guarantee Trustee nor any agent of either of them shall be held accountable by reason of any disclosure of information as to names and addresses of Holders made pursuant to the Trust Indenture Act.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") (i) as of the record date, within fourteen (14) days after such record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Hawthorne Financial Corp), Capital Securities Guarantee Agreement (Matrix Bancorp Inc)
Lists of Holders of Securities. (a) The In the event the Preferred Guarantee Trustee is not also acting in the capacity of the Property Trustee under the Trust Agreement, the Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as (i) on or before [6 MONTHS AFTER ISSUANCE] 15 and [ISSUANCE ANNIVERSARY MONTH] 15 of the record date relating to the payment of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders Holders, as of a date no more than 15 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (MBWM Capital Trust I), Preferred Securities Guarantee Agreement (MBWM Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after January 15 and July 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections Section 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)
Lists of Holders of Securities. (a) The Within 60 days after May 15 of each year (commencing May 15, 2008), the Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions; provided that if the Capital Securities are in global form, and (ii) at any other timethe Guarantor shall, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders, provide a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that . Notwithstanding the foregoing, the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust III)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided provided, however, that the Guarantor -------- ------- shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31l(a), 311(b31l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (New York Community Bancorp Inc), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after December 15 and June 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Vesta Insurance Group Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such Distributions, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated -------- to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Xerox Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Trust Preferred Securities Guarantee Trustee (iunless the Trust Preferred Securities Guarantee Trustee is otherwise the registrar of the Trust Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Trust Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such Distributions, as defined in the Declaration, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Trust Preferred Securities Guarantee Trustee; provided , PROVIDED, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Trust Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Trust Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Coastal Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Trust Guarantee Trustee (i) except while the Capital Trust Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributionsdistributions, a list, in such form as the Trust Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Trust Preferred Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, distributions and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Trust Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Trust Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Trust Guarantee Trustee by the Guarantor. The Trust Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Trust Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall ------------------------------ provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) ii at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Lists of Holders of Securities. (a) The Guarantor shall provide furnish or cause to be furnished to the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the within five days after each record date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“List of Holders”) as of the such record date relating to the payment of such Distributionsdate, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor, and (ii) at any other time within 30 days of receipt by the Guarantor of a written request for a List of Holders, which List of Holders shall be as of a date no more than 14 days before such List of Holders is given to the Guarantee Trustee. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Guarantee Agreement (Bear Stearns Capital Trust Iv)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (iunless the Guarantee Trustee is otherwise the registrar of the Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”"LIST OF HOLDERS"):
(i) as of the record date relating to the payment of any Guarantee Payment, at least one Business Day prior to the date for payment of such DistributionsGuarantee Payment, and except while the Preferred Securities are represented by one or more Global Preferred Securities; and
(ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 fifteen days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders . If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Guarantee Trustee by the Guarantor, the Guarantor shall not be obligated to provide such List of Holders. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Guarantee Agreement (Reinsurance Group of America Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Trust Agreement), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time that the Guarantor certifies in writing to the Preferred Securities Guarantee Trustee that the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Newfield Exploration Co /De/)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Preferred Securities are represented by one or more Global Securities, at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”) as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Preferred Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after December 15 and June 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided Trustee provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (New South Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall ------------------------------ provide the Guarantee Trustee (i) ), except while the Capital Preferred Securities are represented by one or more Global Securities, at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after [ ] 1 and [ ] 1 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; , provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (HSBC Usa Capital Trust Vi)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Securities Guarantee Trustee (iunless the Preferred Securities Guarantee Trustee is otherwise the registrar of the Preferred Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the such date, (i) within 14 days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time that the Guarantor certifies in writing to the Preferred Securities Guarantee Trustee that the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”"), (i) as within one Business Day after November 15 and May 15 of the record date relating to the payment of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; , provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Bankboston Capital Trust Iii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Preferred Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Preferred Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”"), (i) --------------- within 14 days after each record date for payment of Distributions (as defined in the Declaration) as of the such record date relating to the payment of such Distributionsdate, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Preferred Guarantee Trustee; provided Trustee provided, that the -------- Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Preferred Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Preferred Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Bank One Corp)
Lists of Holders of Securities. (a) The Guarantor Company shall provide the Guarantee Trustee (iunless the Guarantee Trustee is otherwise the registrar of the Securities) except while the Capital Securities are represented by one or more Global Securities, at least two Business Days prior to the date for payment of Distributions, with a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“List of Holders”):
(i) as of the record date relating to the payment of any Guarantee Payment, at least one Business Day prior to the date for payment of such DistributionsGuarantee Payment, and except while the Preferred Securities are represented by one or more Global Preferred Securities; and
(ii) at any other time, within 30 days of receipt by the Guarantor Company of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 fifteen days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders . If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Guarantee Trustee by the GuarantorCompany, the Company shall not be obligated to provide such List of Holders. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, ; provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under under, and shall be entitled to the benefits of, Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Guarantee Agreement (New York Community Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after June 1 and December 1 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided Trustee provided, that the -------- Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Bank of Boston Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within fourteen (14) days after May 1 and November 1 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided PROVIDED, HOWEVER, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Reliance Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities (“"List of Holders”") (i) as of the record date, within fourteen (14) days after such record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Nara Bancorp Inc)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee Trustee
(i) except while the Capital Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Series B Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of the such date, (i) within fourteen (14) days after each record date relating to the for payment of such DistributionsDistributions (as defined in the Declaration), and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; provided provided, however, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on upon receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Sky Financial Capital Trust I)
Lists of Holders of Securities. (a) The Guarantor shall provide the Capital Securities Guarantee Trustee (i) except while unless the Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Trust Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Series B Capital Securities (“"List of Holders”") as of such date, (i) within one Business Day after the record date relating fifteenth day prior to the payment of such Distributionseach Distribution date, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Capital Securities Guarantee Trustee; , provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Arrow Financial Corp)
Lists of Holders of Securities. (a) The Guarantor shall provide the Guarantee Trustee (i) except while the Capital Securities are represented by one or more Global Securities, Securities at least two one Business Days Day prior to the date for payment of Distributions, a list, in such form as the Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment of such Distributions, and (ii) at any other time, within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders Holders, as of a date no more than 15 days before such List of Holders is given to the Guarantee Trustee, excluding from any such list names and addresses received by the Guarantee Trustee in its capacity as Security Registrar; provided that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Energy East Capital Trust Ii)
Lists of Holders of Securities. (a) The Guarantor shall provide the Trust Capital Securities Guarantee Trustee (i) except while unless the Trust Capital Securities are represented by one or more Global Guarantee Trustee is otherwise the registrar of the Trust Capital Securities, at least two Business Days prior to the date for payment of Distributions, ) with a list, in such form as the Trust Capital Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders of the Securities (“"List of Holders”") as of the record date relating to the payment such date, (i) within one Business Day after January 15 and July 15 of such Distributionseach year, and (ii) at any other time, time within 30 days of receipt by the Guarantor of a written request from the Guarantee Trustee for a List of Holders as of a date no more than 15 14 days before such List of Holders is given to the Trust Capital Securities Guarantee Trustee; provided , provided, that the Guarantor shall not be obligated to provide such List of Holders at any time the List of Holders does not differ from the most recent List of Holders given to the Trust Capital Securities Guarantee Trustee by the Guarantor. The Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in Lists of Holders given to it, provided that the Trust Capital Securities Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
(b) The Trust Capital Securities Guarantee Trustee shall comply with its obligations under Sections 311(a31 l(a), 311(b31 l(b) and Section 312(b) of the Trust Indenture Act.
Appears in 1 contract
Samples: Trust Capital Securities Guarantee Agreement (Commerce Bancorp Inc /Nj/)