Common use of Reports by Property Trustee Clause in Contracts

Reports by Property Trustee. (a) Within sixty (60) days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Time) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1999 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the earliest Closing TimeDate to occur under the Merger Agreements) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, , the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, [ ], the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.812.9, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, if any, and with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 2016, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.811.8, and to the DepositorSponsor, a brief report dated as of such the immediately preceding May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Effective Time) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities.. TRUST AGREEMENT (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Securities Apex are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization. The Sponsor will promptly notify the Property Trustee in writing when the Apex are listed or quoted on any national stock exchange or interdealer quotation system or self-regulatory organization and any delisting or cancellation thereof.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.810.08, and to the Depositor, a brief report dated as of such May 15 with respect to: (i) its eligibility under Section 8.7 8.07 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with any indenture provision authorized by subsection (b) of Section 315 of the Trust Indenture Act. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after May 15 Not later than March 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementMarch 31, 1997, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.810.9, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied in all material respects with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the expense of the Depositor, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, if any, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Time) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 2009, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8the Trust Indenture Act, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, if any, and with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1999, the Property Trustee shall transmit to all Securityholders Security Holders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-twelve- month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with on such May 15 date or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders Security Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 1999 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement Declaration during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement Declaration as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report reports required by Section 8.13(b) shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 [July 15] of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement[July 15, 2011], the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.810.7, and to the DepositorSponsor, a brief report dated as of such May 15 the immediately preceding [July 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 [July 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 [July 15] of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement[July 15, 2008], the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.810.7, and to the DepositorSponsor, a brief report dated as of such May 15 the immediately preceding [July 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 [July 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 2008, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.812.9, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; TRUST AGREEMENT (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, if any, and with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after May 15 Not later than February 28 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement2006, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission (unless the Capital Securities have not been registered under the Securities Act) and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) Not later than 60 days after following May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 2000, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the NASDAQ National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after May 15 Not later than February 28 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement2005, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after [May 15 15] of each year commencing with the first [May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15], 2001, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such the immediately preceding [May 15 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (orperiod(or, in the case of the initial report, the period since the Closing Time) ending Date)ending with such [May 15 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1997 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 2008, the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8the Trust Indenture Act, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, if any, and with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement__________, 1997 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the DepositorSponsor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the DepositorSponsor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1999, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 200- the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders and the Depositor such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holdersthe Depositor, be filed by the Property Trustee Depositor with each stock exchange, interdealer quotation system or other self-regulatory organization exchange upon which the Trust Securities are listed or traded, with the Commission and with the DepositorCommission. (d) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information relating to financial statements contained therein or determinable from financial statements contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 200- the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) . In addition the Property Trustee shall transmit to Securityholders and the Depositor such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) . A copy of each such report shall, at the time of such transmission to Holdersthe Depositor, be filed by the Property Trustee Depositor with each stock exchange, interdealer quotation system or other self-regulatory organization exchange upon which the Trust Securities are listed or traded, with the Commission and with the DepositorCommission. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information relating to financial statements contained therein or determinable from financial statements contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 ____________ [MONTH, DAY] of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement__________, 2000, the Property Trustee shall transmit to all Securityholders Security Holders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 ____________ with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 ________________ or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders Security Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after May 15 Not later than of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.810.9, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied in all material respects with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the expense of the Depositor, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, if any, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1996 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May _______15 of each year commencing with the first May _______ 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May _______15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May _______ 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after [May 15 15] of each year commencing with the first [May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15], , the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8313(c) of the Trust Indenture Act, and to the Sponsor and the Depositor, a brief report dated as of such the immediately preceding [May 15 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such [May 15 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the Commission, the Sponsor and the Depositor.

Reports by Property Trustee. (a) Within sixty (60) days after Not later than May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, , the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8the Trust Indenture Act, and to the Depositor, a brief report dated as of such May 15 the immediately preceding December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall shall, at the expense of the Depositor, transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, if any, and with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May September 15 of each year commencing with the first May September 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief ------------ report dated as of such May September 15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has ----------- continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Time) ending with such May September 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1997 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: 61 (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after [May 15 15] of each year commencing with the first [May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 1999] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such [May 15 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such [May 15 15] or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) Not later than 60 days after May 15 15, of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 1997, the Property Trustee shall shall, if required by the Trust Indenture Act, transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such the immediately preceding May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, the Nasdaq National Market or such other interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor. The Depositor will promptly notify the Property Trustee when the Preferred Securities are listed on any securities exchange.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 [July 15] of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement[July 15, 2012], the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.810.7, and to the DepositorSponsor, a brief report dated as of such May 15 the immediately preceding [July 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 [July 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May _______15 of each year commencing with the first May _______15 following the first issuance of Preferred Securities pursuant to this Trust Agreement, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May _______15 with respect to: (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May _______15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other self-regulatory organization upon which the Trust Securities are listed or traded, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1999 the Property Trustee shall transmit by mail to all Securityholders Securityholders, as their names and addresses appear in accordance with Section 10.8the Securities Register, and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: (i) its eligibility under Section 8.7 8.07 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliancenon-compliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Property Trustee with each stock exchange, interdealer quotation system the PORTAL System or other self-regulatory organization upon which any successor thereto if the Trust Capital Securities are listed thereon, or traded, with the Commission (in either case as may be required by the rules thereof) and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 [July 15] of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement[July 15, 2009], the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.810.7, and to the DepositorSponsor, a brief report dated as of such May 15 the immediately preceding [July 15] with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 [July 15] or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 199[9] the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 1999 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement Declaration during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement Declaration as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 2001, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Declaration of Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Declaration of Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) Not later than 60 days after following May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, 200_, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, and to the Depositor, a brief report dated as of such May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; and (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing Time) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report referred to in (b) above shall, at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system or other the Depositor and any applicable self-regulatory organization upon which organization. (d) Within 60 days after May 15 of each year commencing May 15, 200__, the Property Trustee shall provide to the Holders of the Trust Securities such reports as are listed or tradedrequired by Section 313 of the Trust Indenture Act, if any, in the form, in the manner and at the times provided by Section 313 of the Trust Indenture Act. The Property Trustee shall also comply with the Commission and with requirements of Section 313(d) of the DepositorTrust Indenture Act.

Reports by Property Trustee. (a) Within sixty (60) 60 days after May 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust Agreement15, , the Property Trustee shall transmit to all Securityholders Holders in accordance with Section 10.8, and to the DepositorSponsor, a brief report dated as of such the immediately preceding May 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 or, if the Property Trustee has not complied in any material respect with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders Holders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by or on behalf of the Property Trustee with each national stock exchange, exchange or interdealer quotation system or other TRUST AGREEMENT self-regulatory organization upon which the Trust Preferred Securities are listed or tradedquoted, with the Commission if any, and with the DepositorCommission, the Sponsor and the relevant stock exchange or self-regulatory organization.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by the Trust Indenture Act, within 60 days after May 15 December 31 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementDecember 31, 1998 the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May 15 December 31 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-twelve- month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and ; (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities; and (iv) such other information as is required by Section 313(a) of the Trust Indenture Act. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, at the time of such transmission transmissions to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system national securities exchange or other self-regulatory organization upon which the Trust Securities are listed or tradedlisted, with the Commission and with the Depositor.

Reports by Property Trustee. (a) Within sixty (60) To the extent required by --------------------------- the Trust Indenture Act, within 60 days after May July 15 of each year commencing with the first May 15 following the first issuance of Preferred Securities pursuant to this Trust AgreementJuly 15, 1999, the Property Trustee shall transmit to all Securityholders in accordance with Section 10.8, 10.8 and to the Depositor, a brief report dated as of such May July 15 with respect to: : (i) its eligibility under Section 8.7 or, in lieu thereof, if to the best of its knowledge it has continued to be eligible under said Section, a written statement to such effect; ; (ii) a statement that the Property Trustee has complied with all of its obligations under this Trust Agreement during the twelve-month period (or, in the case of the initial report, the period since the Closing TimeDate) ending with such May 15 December 31 or, if the Property Trustee has not complied in any material respect respects with such obligations, a description of such noncompliance; and and (iii) any change in the property and funds in its possession as Property Trustee since the date of its last report and any action taken by the Property Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Trust Securities. (b) In addition addition, the Property Trustee shall transmit to Securityholders such reports concerning the Property Trustee and its actions under this Trust Agreement as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. (c) A copy of each such report shall, shall at the time of such transmission to Holders, be filed by the Property Trustee with each stock exchange, interdealer quotation system exchange or other self-self regulatory organization of which the Property Trustee has received notice by the Trust upon which the Trust Securities are listed or traded, and also with the Commission and with Commission. The Trust will promptly notify the DepositorProperty Trustee whenever the Preferred Securities are listed on any stock exchange or self regulatory organization or any delisting thereof.