Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 51 contracts
Samples: Trust Agreement (Wilshire Bancorp Inc), Trust Agreement (First Acceptance Corp /De/), Trust Agreement (Huntington Bancshares Inc/Md)
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 34 contracts
Samples: Trust Agreement (Great Wolf Resorts, Inc.), Trust Agreement (American Safety Insurance Holdings LTD), Trust Agreement (Capitalsource Inc)
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 22 contracts
Samples: Trust Agreement (Northstar Realty), Trust Agreement (MortgageIT Holdings, Inc.), Trust Agreement (Northstar Realty)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 21 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Temecula Valley Bancorp Inc), Trust Agreement (Community Shores Bank Corp)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 19 contracts
Samples: Trust Agreement (Entegra Financial Corp.), Trust Agreement (Macon Financial Corp.), Trust Agreement (Nara Bancorp Inc)
Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 19 contracts
Samples: Trust Agreement (Capstead Mortgage Corp), Trust Agreement, Trust Agreement (Sunset Financial Resources Inc)
Number of Trustees. The number of Trustees shall be five four (54), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 6 contracts
Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (Texas Capital Bancshares Inc/Tx), Trust Agreement (Bluegreen Corp)
Number of Trustees. The number of Trustees shall be five (5), provided, ; provided that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 5 contracts
Samples: Trust Agreement (Desert Capital Reit Inc), Trust Agreement (Gramercy Capital Corp), Trust Agreement (Beazer Homes Usa Inc)
Number of Trustees. The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of Administrative Trustees. The Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Community First Bankshares Inc), Trust Agreement (CFB Capital Iv), Trust Agreement (Second Bancorp Inc)
Number of Trustees. (a) The number of Trustees shall be five (5), provided, that the two. The Property Trustee and the Delaware Trustee may be the same Person, in which case .
(b) If a Trustee ceases to hold office for any reason the number of Trustees vacancy shall be four filled with a Trustee appointed in accordance with the provisions of Section 8.10.
(4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. c) The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annuldissolve, dissolve terminate or terminate annul the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Bear Stearns Capital Trust V), Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Companies Inc)
Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 3 contracts
Samples: Trust Agreement (Capstead Mortgage Corp), Trust Agreement (New York Mortgage Trust Inc), Trust Agreement (Bluegreen Corp)
Number of Trustees. The number of Trustees shall be five (5)five, provided, provided that the Depositor, by written instrument may increase or decrease the number of Administrative Trustees. The Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trustperson.
Appears in 2 contracts
Samples: Trust Agreement (Entergy Gulf States Inc), Trust Agreement (Entergy Gulf States Capital I)
Number of Trustees. The number of Trustees shall be five four (54), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 2 contracts
Samples: Trust Agreement (Bluegreen Corp), Trust Agreement (Bluegreen Corp)
Number of Trustees. The number of Trustees shall be five six (56), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four five (45). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Green Bankshares, Inc.), Trust Agreement (United Bancorp Inc /Oh/)
Number of Trustees. The number of Trustees shall be five (5), provided; PROVIDED, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 2 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, ------------ 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.8
Appears in 1 contract
Samples: Trust Agreement (First Banks, Inc)
Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. 8.4 The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five FOUR (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust8.
Appears in 1 contract
Number of Trustees. (a) The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of Administrative Trustees. The Property Trustee and the Delaware Trustee may be the same Person.
(b) If a Trustee ceases to hold office for any reason and the number of Administrative Trustees is not reduced pursuant to Section 817(a), in which case or if the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.is
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of the Administrative Trustees. The Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Samples: Trust Agreement (Bnccorp Inc)
Number of Trustees. 1 The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of Administrators. The Property Trustee and the Delaware Trustee may be the same Person. 2 If a Trustee ceases to hold office for any reason and the number of Administrators is not reduced pursuant to Section 8.17(a), in which case or if the number of Trustees shall be four (4is increased pursuant to Section 8.17(a). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.vacancy
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
