Common use of Notice and Demand Clause in Contracts

Notice and Demand. 49 Section 10.09. Agreement Not to Petition . . . . . . . 50 Section 10.10. Conflict with Trust Indenture Act . . . 50 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______, 1995, between (i) Texas Utilities Electric Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") (iv) Wayne Patterson, an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, each of whose addrxxx xx x/x Xxxxx Utilities Services Inc., 1601 Bryan Street, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx Xxxxxxx" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 50 Section 10.09. Agreement Not to Petition . . . . . . . 50 Petition........................................... 51 Section 10.10. Conflict with Trust Indenture Act . . . 50 Act................................... 51 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______January 30, 19951997, between (i) Texas Utilities Electric Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") (iv) Wayne PattersonXxxxxx X. Xxxxxxx, Xxxx Xxxxx, Xxxxxxx Xxxxxxx, Xxxxx X. Xxxxx and Xxxxx X. Xxxxxxxxx, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx o Texas Utilities Services Inc., 1601 Bryan Street0000 Xxxxx Xxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 39 Section 10.0910.10. Agreement Not to Petition Petition.................................. 40 Section 10.11. . . . . . . 50 Section 10.10. Trust Indenture Act; Conflict with Trust Indenture Act . . . 50 Act..... 40 -------------------- Exhibit A Certificate of Trust Exhibit B Form of Certificate Depository Agreement Exhibit C The Depository Trust Company: Principal and Income Payments Rider Exhibit D Representations for Deposit/Withdrawal at Custodian Exhibit E Form of Common Securities Certificate Exhibit F Form of Agreement as to Expenses and Liabilities Exhibit G Form of Preferred Securities Certificate WESTERN RESOURCES CAPITAL I AMENDED AND RESTATED TRUST AGREEMENT, dated as of _____ __,____, 1995, between among (i) Texas Utilities Electric CompanyWestern Resources, Inc., a Texas Kansas corporation (the "Depositor" or "Western Resources"), (ii) The Bank of New YorkWilmington Trust Company, a banking corporation duly organized and existing under the laws of New Yorkthe State of Delaware, as trustee (the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") (iv) Wayne PattersonXxxxxx X. Kitchen, an individual, Cathryn C. HulenXxxxx X. Xxxxxx, xx xxxxxxxxxx xnd Michael Perkinxan individual, xx xxxxxxxxxxand Xxxx X. Xxxxxxxxx, an individual, each of whose addrxxx xx xaddress is c/x Xxxxx Utilities Services Inc.o Western Resources, 1601 Bryan Street000 Xxxxxx Xxxxxx, DallasXxxxxx, Texas 75201 Xxxxxx 00000 (each, each an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and referred to collectively as the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees being referred to collectively as the "Trustees") and (viv) the several Holders, Holders (as hereinafter defineddefined herein).

Notice and Demand. 49 50 Section 10.09. Agreement Not to Petition . . . . . . . 50 51 Section 10.10. Conflict with Trust Indenture Act . . . 50 51 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______, 1995199 , between (i) Texas Utilities Electric CompanyTEXAS UTILITIES COMPANY, a Texas ------ - corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne Patterson, , and Laura ----------------- ----------- ---------- Anderson, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx Texas Utilities Services Inc., 1601 Bryan Street, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx Xxxxxxx" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 47 Section 10.09. Agreement Not to Petition . . . . . . . 50 Petition............................47 Section 10.10. Conflict with Trust Indenture Act . . . 50 Act....................48 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______December 13, 19951999, between (i) Texas Utilities Electric CompanyTEXAS UTILITIES COMPANY doing business as TXU Corp, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne PattersonXxxxx Xxxxxxxx, Xxxx X. Xxxxxx, Xxxxxx X. Xxxxx and Xxxxxx Xxxxxxx, Xx., as trustees, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x o TXU Business Services Company, 0000 Xxxxx Utilities Services Inc., 1601 Bryan StreetXxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 Section 10.09. Agreement Not to Petition . . . . . . . Petition.................................50 Section 10.10. Conflict with Trust Indenture Act . . . Act.........................50 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______, 1995, between --------- (i) Texas Utilities Electric CompanyTXU Corp., a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne Patterson, , -------------- -------------- and , as trustees, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and --------------- ------------------- each of whose addrxxx xx xaddress is c/x o TXU Business Services Company, 0000 Xxxxx Utilities Services Inc., 1601 Bryan StreetXxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 50 Section 10.09. Agreement Not to Petition . . . . . . . 50 . 51 Section 10.10. Conflict with Trust Indenture Act . . . 50 . 51 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______December 30, 19951998, between (i) Texas Utilities Electric CompanyTEXAS UTILITIES COMPANY, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne PattersonXxxxx Xxxxxxxx, Xxxx X. Xxxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxx and Xxx Xxxxxx, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx o Texas Utilities Services Inc., 1601 Bryan Street0000 Xxxxx Xxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 50 Section 10.09. Agreement Not to Petition . . . . . . . 50 Section 10.10. Conflict with Trust Indenture Act . . . 50 51 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______July 2, 19951998, between (i) Texas Utilities Electric CompanyENSERCH Corporation, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne PattersonXxxxxx X. Xxxxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxx, Xxx Xxxxxx and Xxxxxx Xxxxxxxx, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx o Texas Utilities Services Inc., 1601 Bryan Street0000 Xxxxx Xxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 37 Section 10.09. Agreement Not to Petition . . . . . . . 50 Petition....................................37 Section 10.10. Conflict with Trust Indenture Act Act............................38 Section 10.11. . . 50 Counterparts.................................................38 AMENDED AND RESTATED TRUST AGREEMENT, dated as of ______, ____, 1995, between among (i) Texas Utilities Southwestern Electric Power Company, a Texas Delaware corporation as depositor (the "Depositor") and as Trust Securities guarantor (the "Trust Securities Guarantor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of the State of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne PattersonJeffrey D. Cross and Geoffrey S. Chatas, each an individual, Cathryn C. Hulen, anx xxxx xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, each of whose addrxxx xxxxx addrexx xx x/x Xxxxx Utilities Services Xxxxxxxx Electric Power Company, Inc., 1601 Bryan Street1 Riverside Plaza, DallasColumbus, Texas 75201 Ohio 43215 (each, an "Xxxxxxxxxxxxxx Adminisxxxxxxx Xxxxxxx" and collectively the xxx xxxxxxxxxxxx xxx "Administrative Xxxinistrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") ), and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 Section 10.09. Agreement Not to Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Section 10.10. Conflict with Trust Indenture Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______December 1, 1995, between (i) Texas Utilities Electric Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") (iv) Wayne PattersonWaynx Xxxxxxxxx, Xxthxxx Xxxxx, Xxurx Xxxxxxxx, Xxhn Xxxxx xxx Michxxx Xxxxxxx, xxch an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx o Texas Utilities Services Inc., 1601 Bryan StreetXxxxx Xxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 47 Section 10.09. Agreement 10.09.Agreement Not to Petition . . . . . . . 50 Petition...................................48 Section 10.10. Conflict 10.10.Conflict with Trust Indenture Act . . . 50 Act...........................48 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______, 1995, between --------- (i) Texas Utilities TXU Electric Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne Patterson, , -------------- -------------- and , as trustees, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and --------------- ------------------- each of whose addrxxx xx xaddress is c/x o TXU Business Services Company, 0000 Xxxxx Utilities Services Inc., 1601 Bryan StreetXxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 51 Section 10.09. Agreement Not to Petition . . . . . . . 50 52 Section 10.10. Conflict with Trust Indenture Act . . . 50 52 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______________, 1995_______, between (i) Texas Utilities Electric CompanyENSERCH Corporation, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne Patterson___________________, ______________, _____________, _______________ and __________________, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x Xxxxx o Texas Utilities Services Inc., 1601 Bryan Street, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx Xxxxxxx" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Notice and Demand. 49 Section 10.09. 10.09 Agreement Not to Petition . . . . . . . 50 .................................... 49 Section 10.10. Conflict with Trust Indenture Act . . . ............................ 50 AMENDED AND RESTATED TRUST AGREEMENT, dated as of ______, _, 1995___, between (i) Texas Utilities Electric TXU Gas Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") ), (iv) Wayne Patterson_________________, ___________, __________ and _____ ________, each an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, and each of whose addrxxx xx xaddress is c/x o TXU Business Services Company, 0000 Xxxxx Utilities Services Inc., 1601 Bryan StreetXxxxxx, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx XxxxxxxAdministrative Trustee" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.