Powers Duties and Rights of Guarantee Trustee. 8 SECTION 3.1 Powers and Duties of Guarantee Trustee................................................... 8 SECTION 3.2 Certain Rights of Guarantee Trustee...................................................... 10 SECTION 3.3 Not Responsible for Recitals or Issuance of Guarantee.................................... 12
Powers Duties and Rights of Guarantee Trustee. (a) This Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Company Preferred Securities, and the Guarantee Trustee shall not transfer this Guarantee to any Person except a Holder of Company Preferred Securities exercising his or her rights pursuant to Section 2.08(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
(b) If an Event of Default actually known to a Responsible Officer of the Guarantee Trustee has occurred and is continuing, the Guarantee Trustee shall enforce this Guarantee for the benefit of the Holders of the Company Preferred Securities.
(c) The Guarantee Trustee, before the occurrence of any Event of Default and after the curing or waiver of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee, and no implied covenants shall be read into this Guarantee against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06 and is actually known to a Responsible Officer of the Guarantee Trustee), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee, and use the same degree of care and skill in its exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
(d) No provision of this Guarantee shall be construed to relieve the Guarantee Trustee from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, except that:
(i) prior to the occurrence of any Event of Default and after the curing or waiving of all such Events of Default that may have occurred:
(A) the duties and obligations of the Guarantee Trustee shall be determined solely by the express provisions of this Guarantee, and the Guarantee Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Guarantee, and no implied covenants or obligations shall be read into this Guarantee against t...
Powers Duties and Rights of Guarantee Trustee. SECTION 3.1 Powers and Duties of the Guarantee Trustee . . .
Powers Duties and Rights of Guarantee Trustee. Powers and Duties of the Guarantee Trustee 7 SECTION 3.02. Certain Rights and Duties of the Guarantee Trustee 8 SECTION 3.03. Not Responsible for Recitals or Issuance of Guarantee 11 ARTICLE IV GUARANTEE TRUSTEE
Powers Duties and Rights of Guarantee Trustee. 5 SECTION 3.01 Powers and Duties of the Guarantee Trustee . . . . . . . . . . . . . . . . . 5 SECTION 3.02 Certain Rights of Guarantee Trustee . . . 7
Powers Duties and Rights of Guarantee Trustee. SECTION 3.01. Powers and Duties of the Guarantee Trustee . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 3.02. Certain Rights and Duties of the Guarantee Trustee . . . . . . . . . . . . . . . . . . . 9 SECTION 3.03. Not Responsible for Recitals or Issuance of Guarantee . . . . . . . . . . . . . . . . . 12
Powers Duties and Rights of Guarantee Trustee. 6 SECTION 3.01 Powers and Duties of the Guarantee Trustee 6 SECTION 3.02
Powers Duties and Rights of Guarantee Trustee. Section 3.1.
Powers Duties and Rights of Guarantee Trustee. 6 SECTION 3.01 POWERS AND DUTIES OF THE GUARANTEE TRUSTEE . . . . . . . . . . . . . . . 6 SECTION 3.02
Powers Duties and Rights of Guarantee Trustee. SECTION 3.1 Powers and Duties of the Guarantee Trustee
(a) This Capital Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Capital Securities, and the Guarantee Trustee shall not
