Common use of Lists of Holders Clause in Contracts

Lists of Holders. (a) In accordance with Section 312(a) of the Trust Indenture Act, the Guarantor shall provide to the Preferred Securities Guarantee Trustee: (i) Within 14 days after each of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declaration, a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, of the names and addresses of the Holders ("List of Holders") as of such date, provided that the Guarantor shall not be obligated to provide such List of Holders if the Preferred Securities Guarantee Trustee is the Registrar or 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; and (ii) At any other time, within 30 days of receipt by the Guarantor of a written request by the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee. The Preferred Securities Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity), 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) To the extent applicable, the Property 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 (Devon Financing Trust Ii), Preferred Securities Guarantee Agreement (Devon Financing Trust Ii), Preferred Securities Guarantee Agreement (Devon Energy Corp/De)

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Lists of Holders. (a) In accordance with Section 312(a) The Guarantor shall furnish to the Guarantee Trustee (unless the Guarantee Trustee is otherwise the registrar of the Trust Indenture Act, the Guarantor shall provide to the Preferred Securities Guarantee Trustee: (iSecurities) Within 14 days after each of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declaration, a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, list of the names and addresses of the Holders ("List of Holders") in such form and as of such datedate as the Guarantee Trustee may reasonably require. The Guarantor shall furnish such List of Holders (i) within 30 days after receiving a written request from the Guarantee Trustee, such list to be as of a date no more than 15 days before such list is provided that to the Guarantee Trustee, and (ii) unless the Trust PIERS are represented by one or more Global Securities, at least one Business Day prior to the date for payment of Distributions, such list to be as of the record date relating to the payment of such Distributions. However, the Guarantor shall not be obligated to provide such List of Holders if the Preferred Securities Guarantee Trustee is the Registrar or 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; and (ii) At Guarantor or at any other time, within 30 days of receipt by time the Guarantor of a written request by the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee TrusteeRegistrar under the Trust Agreement. The Preferred Securities Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the any List of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity)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) To the extent applicable, the Property The Guarantee Trustee shall comply with its obligations under Sections Section 311(a)) of the TIA, subject to Section 311(b) of the TIA, and Section 312(b) of the Trust Indenture ActTIA.

Appears in 2 contracts

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

Lists of Holders. (a) In accordance with Section 312(a) Except when the Property Trustee is the Registrar, each of the Sponsor and the Administrative Trustees on behalf of the Trust Indenture Act, the Guarantor shall provide to the Preferred Securities Guarantee Trustee: (i) Within 14 days after each of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declaration, a list, in such form as the Preferred Securities Guarantee Property Trustee may reasonably require, of the names and addresses of the Holders ("List of Holders"): (i) as of the record date relating to the payment of any Distribution, at least one Business Day prior to the date for payment of such dateDistribution, provided that except while the Guarantor shall not be obligated to provide Preferred Securities are represented by one or more Global Preferred Securities, and (ii) at any other time, within 30 days of receipt by the Trust of a written request from the Property Trustee for a List of Holders as of a date no more than fifteen days before such List of Holders if is given to the Preferred Securities Guarantee Trustee is the Registrar or Property Trustee. If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Preferred Securities Guarantee Property Trustee by the Guarantor; and (ii) At any other timeSponsor and the Administrative Trustees on behalf of the Trust, within 30 days of receipt by then neither the Guarantor of a written request by Sponsor nor the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before Administrative Trustees shall be obligated to deliver such List of Holders is given to the Preferred Securities Guarantee TrusteeHolders. The Preferred Securities Guarantee Property Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List Lists of Holders given to it or which it receives in its the capacity as paying agent or registrar Paying Agent (if acting in such capacity), provided that the Preferred Securities Guarantee Property Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) To the extent applicable, the The 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 2 contracts

Samples: Trust Agreement (Indymac Bancorp Inc), Trust Agreement (Indymac Bancorp Inc)

Lists of Holders. (a) In accordance with Section 312(a) of the Trust Indenture Act, the The Guarantor shall provide furnish or cause to be furnished to the Preferred Securities QUIPS Guarantee Trustee: Agreement Trustee (ia) Within 14 days after on a quarterly basis on each of the dates as are determined regular record date for the Property Trustee pursuant to Section 2.2(a)(i) of the DeclarationDebentures, a list, in such form as the Preferred Securities QUIPS Guarantee Agreement Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities ("List of Holders") as of a date not more than 15 days prior to the delivery thereof, and (b) at such dateother times as the QUIPS Guarantee Agreement Trustee may request in writing, provided within 30 days after the receipt by the Guarantor of any such request, a List of Holders as of a date not more than 15 days prior to the time such list is furnished, in each case to the extent such information is in the possession or control of the Guarantor and has not otherwise been received by the QUIPS Guarantee Agreement Trustee in its capacity as such; provided, however, that the Guarantor shall not be obligated to provide such List of Holders if the Preferred Securities Guarantee Trustee is the Registrar or at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities QUIPS Guarantee Agreement Trustee by the Guarantor; and (ii) At any other time, within 30 days of receipt by the Guarantor of a written request by the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee. The Preferred Securities QUIPS Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity), provided that the Preferred Securities Guarantee Agreement Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) To the extent applicable, the Property The QUIPS Guarantee Agreement 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 (Amerus Life Holdings Inc)

Lists of Holders. (a) In accordance with Section 312(a) The Guarantor shall furnish to the Guarantee Trustee (unless the Guarantee Trustee is otherwise the registrar of the Trust Indenture Act, the Guarantor shall provide to the Preferred Securities Guarantee Trustee: (iSecurities) Within 14 days after each of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declaration, a list, in such form as the Preferred Securities Guarantee Trustee may reasonably require, list of the names and addresses of the Holders ("List of Holders") in such form and as of such datedate as the Guarantee Trustee may reasonably require. The Guarantor shall furnish such List of Holders (i) within 30 days after receiving a written request from the Guarantee Trustee, such list to be as of a date no more than 15 days before such list is provided that to the Guarantee Trustee, and (ii) unless the Trust PIERS are represented by one or more Global Securities, at least one Business Day prior to the date for payment of Distributions, such list to be as of the record date relating to the payment of such Distributions. However, the Guarantor shall not be obligated to provide such List of Holders if the Preferred Securities Guarantee Trustee is the Registrar or 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; and (ii) At Guarantor or at any other time, within 30 days of receipt by time the Guarantor of a written request by the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee TrusteeRegistrar under the Trust Agreement. The Preferred Securities Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the any List of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity)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) To the extent applicable, the Property The Guarantee Trustee shall comply with its obligations under Sections Section 311(a)) of the TIA, subject to Section 311(b) of the TIA, and Section 312(b) of the Trust Indenture ActTIA.

Appears in 1 contract

Samples: Guarantee Agreement (Omnicare Inc)

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Lists of Holders. (a) In accordance with Section 312(a) of the Trust Indenture Act, the The Guarantor shall provide furnish or cause to be furnished to the Preferred Capital Securities Guarantee Trustee: Agreement Trustee (ia) Within 14 days after on a quarterly basis on each of the dates as are determined regular record date for the Property Trustee pursuant to Section 2.2(a)(i) of the DeclarationDebentures, a list, in such form as the Preferred Capital Securities Guarantee Agreement Trustee may reasonably require, of the names and addresses of the Holders of the Capital Securities ("List of Holders") as of a date not more than 15 days prior to the delivery thereof, and (b) at such dateother times as the Capital Securities Guarantee Agreement Trustee may request in writing, provided within 30 days after the receipt by the Guarantor of any such request, a List of Holders as of a date not more than 15 days prior to the time such list is furnished, in each case to the extent such information is in the possession or control of the Guarantor and has not otherwise been received by the Capital Securities Guarantee Agreement Trustee in its capacity as such; provided, however, that the Guarantor shall not be obligated to provide such List of Holders if the Preferred Securities Guarantee Trustee is the Registrar or at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Capital Securities Guarantee Agreement Trustee by the Guarantor; and (ii) At any other time, within 30 days of receipt by the Guarantor of a written request by the Preferred . The Capital Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee. The Preferred Securities Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity), provided that the Preferred Securities Guarantee Agreement Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) To the extent applicable, the Property The Capital Securities Guarantee Agreement 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 (Ocwen Financial Corp)

Lists of Holders. (a) In accordance with Section 312(a) of the Trust Indenture Act, the The Guarantor shall provide to the Preferred Securities Trust Guarantee Trustee: Trustee (i) Within 14 days after each except while the Trust Preferred Securities are represented by one or more Global Securities at least one Business Day prior to the date for payment of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declarationdistributions, a list, in such form as the Preferred Securities 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 datedistributions 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 if the Preferred Securities Guarantee Trustee is the Registrar or at any time the List of Holders does not differ from the most recent List of Holders given to the Preferred Securities Trust Guarantee Trustee by the Guarantor; and (ii) At any other time, within 30 days of receipt by the Guarantor of a written request by the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before such List of Holders is given to the Preferred Securities Guarantee Trustee. The Preferred Securities Trust Guarantee Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List Lists of Holders given to it or which it receives in its capacity as paying agent or registrar (if acting in such capacity)it, provided that the Preferred Securities Trust Guarantee Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) To the extent applicable, the Property 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 (Capmark Finance Inc.)

Lists of Holders. (a) In accordance with Section 312(a) Except when the Property Trustee is the Registrar, each of the Depositor and the Administrative Trustees on behalf of the Trust Indenture Act, the Guarantor shall provide to the Preferred Securities Guarantee Trustee: (i) Within 14 days after each of the dates as are determined for the Property Trustee pursuant to Section 2.2(a)(i) of the Declaration, a list, in such form as the Preferred Securities Guarantee Property Trustee may reasonably require, of the names and addresses of the Holders ("List of HoldersLIST OF HOLDERS"): (i) as of the record date relating to the payment of any Distribution, at least one Business Day prior to the date for payment of such dateDistribution, provided that except while the Guarantor shall not be obligated to provide Preferred Securities are represented by one or more Global Preferred Securities, and (ii) at any other time, within 30 days of receipt by the Trust of a written request from the Property Trustee for a List of Holders as of a date no more than fifteen days before such List of Holders if is given to the Preferred Securities Guarantee Trustee is the Registrar or Property Trustee. If at any time the List of Holders does not differ from the most recent List of Holders given provided to the Preferred Securities Guarantee Property Trustee by the Guarantor; and (ii) At any other timeDepositor and the Administrative Trustees on behalf of the Trust, within 30 days of receipt by then neither the Guarantor of a written request by Depositor nor the Preferred Securities Guarantee Trustee for a List of Holders as of a date no more than 14 days before Administrative Trustees shall be obligated to deliver such List of Holders is given to the Preferred Securities Guarantee TrusteeHolders. The Preferred Securities Guarantee Property Trustee shall preserve, in as current a form as is reasonably practicable, all information contained in the List Lists of Holders given to it or which it receives in its the capacity as paying agent or registrar Paying Agent (if acting in such capacity), provided that the Preferred Securities Guarantee Property Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders. (b) To the extent applicable, the The 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 1 contract

Samples: Trust Agreement (Reinsurance Group of America Inc)

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