Common use of Powers of the Trustees Clause in Contracts

Powers of the Trustees. The Administrative Trustees shall have the exclusive power and authority to cause the Trust to engage in the following activities: (a) to issue and sell the Preferred Securities and the Common Securities in accordance with this Declaration; provided, however, that the Trust may issue no more than one series of Preferred Securities and no more than one series of Common Securities, and, provided, further, that there shall be no interests in the Trust other the Securities and the issuance of the Securities shall be limited to the simultaneous issuance of both Preferred and Common Securities on the date the Preferred Securities are initially sold and any other date Preferred Securities and Common Securities are sold pursuant to any over-allotment option granted by the Trust under the Purchase Agreement; (b) in connection with the issuance and sale of the Preferred Securities, at the direction of the Sponsor, to: (i) permit the use of an offering circular (the "Offering Circular") in preliminary and final form prepared by the Sponsor, in relation to the offering and sale of Preferred Securities to qualified institutional buyers in reliance on Rule 144A under the Securities Act and outside the United States to non-U.S. persons in offshore transactions in reliance on Regulation S under the Securities Act and to execute and file with the Commission, at such time as determined by the Sponsor, a registration statement filed on Form S-3 prepared by the Sponsor, including any amendments thereto in relation to the Preferred Securities; (ii) execute and file any documents prepared by the Sponsor, or take any acts as determined by the Sponsor to be necessary in order to qualify or register all or part of the Preferred Securities in any State in which the Sponsor has determined to qualify or register such Preferred Securities for sale; (iii) execute and file an application, prepared by the Sponsor, to the Private Offerings, Resale and Trading through Automated Linkages ("PORTAL") market and, at such time as determined by the Sponsor to the New York Stock Exchange or any other national stock exchange or the Nasdaq National Market for listing or quotation of the Preferred Securities; (iv) execute and enter into the Purchase Agreement and pricing agreement providing for the sale of the Preferred Securities; (c) to employ or otherwise engage employees and agents (who may be designated as officers with titles) and managers, contractors, advisors, and consultants and provide for reasonable compensation for such services; (d) to incur expenses which are necessary or incidental to carry out any of the purposes of this Declaration; and (e) to execute all documents or instruments, perform all duties and powers, and do all things for and on behalf of the Trust in all matters necessary or incidental to the foregoing.

Powers of the Trustees. The Administrative Regular Trustees shall have the exclusive power and authority to cause the Trust to engage in the following activities: (a) to issue and sell the Preferred Securities and the Common Securities in accordance with this Declaration; provided, however, that the -------- ------- Trust may issue no more than one series of Preferred Securities and no more than one series of Common Securities, and, provided, provided further, that there -------- ------- shall be no interests in the Trust other than the Securities and the issuance of the Securities shall be limited to the a one-time, simultaneous issuance of both Preferred and Common Securities on the date the Preferred Securities are initially sold and any other date Preferred Securities and Common Securities are sold pursuant to any over-allotment option granted by the Trust under the Purchase AgreementSecurities; (b) in connection with the issuance issue and sale of the Preferred Securities, at the direction of the Sponsor, to: (i) permit the use of an offering circular (the "Offering Circular") in preliminary and final form prepared by the Sponsor, in relation to the offering and sale of Preferred Securities to qualified institutional buyers in reliance on Rule 144A under the Securities Act and outside the United States to non-U.S. persons in offshore transactions in reliance on Regulation S under the Securities Act and to execute and file with the Commission, at such time as determined by the Sponsor, Commission a registration statement filed on Form S-3 prepared by the Sponsor, including any amendments thereto in relation to the Preferred Securities; (ii) execute and file any documents prepared by the Sponsor, or take any acts as determined by the Sponsor to be necessary in order to qualify or register all or part of the Preferred Securities in any State in which the Sponsor has determined to qualify or register such Preferred Securities for sale; (iii) execute and file an application, prepared by the Sponsor, to the Private Offerings, Resale and Trading through Automated Linkages ("PORTAL") market and, at such time as determined by the Sponsor to the New York Stock Exchange or any other national stock exchange or the Nasdaq Stock Market's National Market for listing or quotation upon notice of the issuance of any Preferred Securities; (iv) execute and file with the Commission a registration statement on Form 8 A, including any amendments thereto, prepared by the Sponsor relating to the registration of the Preferred Securities under Section 12(b) of the Exchange Act; and (v) execute and enter into the Purchase Agreement an underwriting agreement and pricing agreement providing for the sale of the Preferred SecuritiesSecurities ; (c) to employ or otherwise engage employees and agents (who may be designated as officers with titles) and managers, contractors, advisors, and consultants and provide for reasonable compensation for such services; (d) to incur expenses which are necessary or incidental to carry out any of the purposes of this Declaration; and (e) to execute all documents or instruments, perform all duties and powers, and do all things for and on behalf of the Trust in all matters necessary or incidental to the foregoing.

Powers of the Trustees. The Administrative Trustees shall have the exclusive power and authority to cause the Trust to engage in the following activities: (a) to issue and sell the Preferred Securities and the Common Securities in accordance with this Declaration; provided, however, that the Trust may issue no more than one series of Preferred Securities and no more than one series of Common Securities, and, provided, provided further, that there shall be no interests in the Trust other than the Securities and the issuance of the Securities shall be limited to the a one-time, simultaneous issuance of both Preferred and Common Securities on the date the Preferred Securities are initially sold and any other date Preferred Securities and Common Securities are sold pursuant to any over-allotment option granted by the Trust under the Purchase AgreementSecurities; (b) in connection with the issuance issue and sale of the Preferred Securities, at the direction of the Sponsor, Securities to: (i) permit assist in the use preparation of an the Offering Circular and preliminary offering circular (the "Offering Circular") circular, if any, in preliminary and final form each case prepared by the SponsorDepositor, in relation to the offering and sale of the Preferred Securities to qualified institutional buyers in reliance on of Rule 144A under the Securities Act and outside the United States to non-U.S. persons in offshore transactions in reliance on Regulation S under the Securities Act and to execute and file with the Commission, at such time as determined by the Sponsor, Depositor a registration statement filed on Form S-3 under the Securities Act prepared by the SponsorDepositor, including any amendments thereto in relation to the Preferred Securities, and all other registrations, applications, statements, certificates, and other instruments; (ii) execute and file any documents prepared by the SponsorDepositor, or take any acts as determined by the Sponsor Depositor to be necessary in order to qualify or register all or part of the Preferred Securities in any State state or foreign jurisdiction in which the Sponsor Depositor has determined to qualify or register such Preferred Securities for sale; (iii) execute and file an applicationdeliver letters, prepared by the Sponsordocuments, to the Private Offerings, Resale and Trading through Automated Linkages ("PORTAL") market and, at such time as determined by the Sponsor to the New York Stock Exchange or any other national stock exchange or the Nasdaq National Market for listing or quotation of instruments with The Depository Trust Company relating the Preferred Securities; (iv) execute and enter into the Purchase Agreement a purchase agreement and pricing a registration rights agreement and other related agreements providing for the sale and registration of the Preferred Securities; (c) to employ or otherwise engage employees and agents (who may be designated as officers with titles) and managers, contractors, advisors, and consultants and provide for reasonable compensation for such services; (d) to incur expenses which are necessary or incidental to carry out any of the purposes of this Declaration; and (e) to execute all documents or instruments, perform all duties and powers, and do all things for and on behalf of the Trust in all matters necessary or incidental to the foregoing.