Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor. (b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 2 contracts
Samples: Trust Agreement (Colonial Bancgroup Inc), Trust Agreement (Colonial Capital Ii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Star Bancorp, Inc., One Xxxxxxxx 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyOffice of the Secretary, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Four Xxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationXxxx Xxxxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 2 contracts
Samples: Trust Agreement (First Star Capital Trust), Trust Agreement (First Star Capital Trust)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; , and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupBancorpSouth, Inc., One Xxxxxxxx Xxx Xxxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxx X. Xxxxxxx, Secretary, facsimile no.: (334000) 000-0000, xx with a copy (which shall not constitute notice) to Xxxxxx Xxxxxxx Xxxxxx & Xxxxx PLLC, 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, Attention: Xxxxx X. Xxxxx, facsimile no.: (000) 000-0000. Any notice to Preferred Securityholders may also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North0 Xxxx Xxxxx, 1100 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: [ ]; (b) with respect to the Delaware Trustee to The Bank of New York (Delaware), Xxxxx Xxxxxx Xxxx Xxxxxx, XxxxxxxxxxRoute 273, Xxxxxxxx 00000Newark, xxcsimile (302) 000-0000Delaware 19711, XxtentionAttention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 2 contracts
Samples: Trust Agreement (Bancorpsouth Inc), Trust Agreement (Bancorpsouth Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or ---------------------------- other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder Holders of Capital Securities, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, DPL Inc., One Xxxxxxxx XxxxxxCourthouse Plaza Southwest, XxxxxxxxxxDayton, Xxxxxxx 00000Ohio 45402, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile noxxxxxxxxx xx.: (334) 000-000-0000. Xxxx xxxxxx, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand xxmand or other communication to or upon a Holder x Xxxxxxxxxxlder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North101 Barclay Street, 1100 Floor 21 West, New York, New York 10286, Attentixx: Xxxxxxxxx Xxxxx Xxxxxx XxxxxxAdministration, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare NorthWhite Clay Center, 1100 Route 273, Newark, Delaware, 19711 Attention: Corxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000with a copy to the Property Trustee at the address in (a) above for notice to the Property Trustee, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial DPL Capital Trust II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. ." Such notice, demand or other communication to or upon the Trust or the Property Trustee, Trustee or the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, Trustee (whether given to the Property Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be).
Appears in 2 contracts
Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupSouthern BancShares (N.C.), Inc., One Xxxxxxxx Xxxxxx100 South Main Street, XxxxxxxxxxFuquay-Varina, Xxxxxxx 00000North Carolina 27526, XxtentionAttention: W. Fxxxx XxxleyXxxxx X. Xxxxxxx, facsimile no.: Xxxxxxxxx Xx. (334000) 000-0000, 0000 xx to such xx xxxx other address as may be specified addresx xx xxx xx xxxxified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, writtxx xxxxxx xx xhe Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
A. Delle Donne Corporate Center, Montgomery Building , 1011 Centre Road, Suite 200, Wilmington, Delawarx 00000-0066, Attentiox: Xxxx Xxxxxxx; xxx (bx) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trusteesxxxx xxxxxxx xx xxx Xxxxxxxxxxxxxx, to them at the address above txx xxxxxxx xbove for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 2 contracts
Samples: Trust Agreement (Fidbank Capital Trust I), Trust Agreement (Fidelity Bancshares Nc Inc /De/)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroup, Bear Xxxxxxx Companies Inc., One Xxxxxxxx 000 Xxxx Xxxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000, XxtentionAttention: W. Fxxxx XxxleyCorporate Secretary, facsimile noFacsimile No.: (334000) 000-0000, xx to such other 0000 (until another address as may be specified in a written is designated by notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property TrusteeTrustees). Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrators shall be given or served in writing addressed (until another address is designated by deposit thereof, first-class postage prepaid, in notice to the United States mail, hand delivery or facsimile transmission, in each case, addressed, other parties hereto) as follows:
(a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Chase Manhattan Bank, Rodnxx Xxxare North000 Xxxx 00xx Xxxxxx, 1100 Xxxxx Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trustee Administration Department; (b) with respect to the Delaware Trustee, to Chase Manhattan Bank Delaware, 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationTrustee Administration Department; (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Administrators of Colonial Bear Xxxxxxx Capital II; Trust __" and (d) in with respect to the case of the Issuer Trust, to its principal executive office specified in Section 2.2c/o The Bear Xxxxxxx Companies Inc., with a copy to each of the Property Trustee000 Xxxx Xxxxxx, the Delaware Trustee and the Administrative TrusteesXxx Xxxx, orXxx Xxxx, in each such case00000, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersAttention: Corporate Secretary. Such notice, demand or other communication to or upon the Property TrusteeTrust, the Delaware TrusteeAdministrators, the Administrative Trustees Property Trustee or the Issuer Trust Delaware Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust, the Administrators, the Property Trustee, Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 2 contracts
Samples: Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Capital Trust V)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupUSF&G Corporation, Inc.100 Light Street, One Xxxxxxxx XxxxxxBaltimore, XxxxxxxxxxMaryland 21201, Xxxxxxx 00000Attention: [Trxxxxxxx], Xxtention: W. Fxxxx Xxxley, facsimile noxxxxxxxxx xx.: (334000) 000-0000, xx 000-____. Xxx xxxxce to Holders of Preferred Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North101 Barclay Street. 21W, 1100 New York, New York 10286, Attention: Coxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Trustee Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare North23 White Clay Center, 1100 Xxxxx Xxxxxx XxxxxxNewark, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDelaware 19771; and (c) in the case of the Administrative Trusteeswith respect xx xxx Xxxxxxxxxxxxxx Xxxxxxxx, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial USF&G Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. I [c/o Treasury Department.]" Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 2 contracts
Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesTrust Preferred Securityholder, to such Holder Trust Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupTECO Funding Company __, Inc.LLC, One 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such Xxch notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Bank of New York, 101 Xxxxxxx Xxxxxx, 21st Floor West, New York, New York 10286, Attention: Jamex Xxxx, Xxnager of Municipal Northeast Finance Unit/Corporate Trust Administration; and (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), c/o Xxx Xxxx xx Xxx Xxxx, 001 Xxxxxxx Xxxxxx, 21st Floor West, New York, New York 10286, Attention: Jamex Xxxx, Xxnager of Municipal Northeast Finance Unit/Corporate Trust Administration. Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may Sponsor shall be given or served sufficient for every purpose (except as otherwise provided in Section 1.1) hereunder if in writing by deposit thereofand mailed, first-class first class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The Colonial BancGroupPrivateBancorp, Inc., One Xxxxxxxx Xxxxxx00 Xxxx Xxxxxxx, XxxxxxxxxxXxxxx 000, Xxxxxxx Xxxxxxx, Xxxxxxxx, 00000, XxtentionAttention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.: (334) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the DepositorSponsor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmissionmailing. Such notice, demand or other communication to or upon the Depositor Sponsor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Sponsor. Any notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee to Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Administration; (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked “Attention: Administrative Trustees of PrivateBancorp Capital Trust IV”; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Citizens Bancorporation, Inc., One Xxxxxxxx 0000 Xxxx Xxxxxx, XxxxxxxxxxXxxxxxxx, Xxxxxxx Xxxxx Xxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxx X. Xxx, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrators, shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Deutsche Bank Trust Company, Rodnxx Xxxare North00 Xxxx Xxxxxx, 1100 00xx Xxxxx, XX NYC 60-2710, Xxx Xxxx, XX 00000, Attention: Trust and Securities Services; (b) with respect to the Delaware Trustee to Deutsche Bank Trust Company Delaware, 0000 Xxxxxx Xxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationXxxx Xxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary”. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (First Citizens Bancorporation Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Citizens BancShares, Inc., One 0000 Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxxxx X. Black, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Four Xxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Group-Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), E.A. Delle Donne Corporate Center, Xxxxxxxxxx Building, 0000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationXxxx Xxxxx ; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (First Citizens Bancshares Inc /De/)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc., One Xxxxxxxx 1000 Xxxxxx Xxxxxx, XxxxxxxxxxXxxxx 0000, Xxxxxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000-0000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bank One Trust Company, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx 1 Bank One Plaza, Mail Code IL1-0823, Cxxxxxx, Xxxxxxxx 00000-0000, Attention: Global Corporate Trust Services Division; (b) with respect to the Delaware Trustee, to Bank One Delaware, Inc., 300 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial Lincoln National Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. VIII.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesTrust Preferred Holder, to such Trust Preferred Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupTECO Funding Company II, Inc.LLC, One Xxxxxxxx Xxxxxx300 Delaware Avenue, XxxxxxxxxxSuite 900, Xxxxxxx 00000Wilmington, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property TrusteeDelaware 19801. Such noticenotixx, demand or other communication to or upon a Holder shall xxxxxx xx xxxxx xxxxxxxxxxxxx xx xx xxxx x Xxxxxx xxxxl be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Bank of New York, 101 Barclay Street, 21st Floor West, New York, New York 10286, Attentxxx: Xxxxxxxxx Xxxst Xxxxxxxxxxxxxx; xxx (x) xxxx xxxxxxx xx the Delaware Trustee, to The Bank of New York (Delaware), c/o The Bank of New York, 101 Barclay Street, 21st Floor West, New Yoxx, Xxx Xxxx 00000, Xxxxntxxx: Xxxxxxxxx Xxxst Xxxxxxxxxxxxxx. Such noticeXxxx xxxxxx, demand or other xxxxxx xx xther communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Teco Energy Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that that, by any provision of this Trust Agreement Declaration of Trust, is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; , and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupHighlands Bankshares, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley____________ _____________________________________________, facsimile no.: (334___) 000-0000, xx ________. Any notice to Capital Securityholders may also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx 0000 X. Xxxxxx Xxxxxx, Xxxxxxxxx: Corporate Trust Administration, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile facsimile no.: (302000) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx 0000 X. Xxxxxx Xxxxxx, Xxxxxxxxx: Corporate Trust Administration, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile facsimile no.: (302000) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Highlands Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersTrust I". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupMountain National Bancshares, Inc., One Xxxxxxxx 000 Xxxx Xxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxxx, Xxxxxxx Xxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxxxx X. Xxxxx, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial MNB Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I Administrators.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupIndependent Bank Corporation, Inc.230 West Main Street, One Xxxxxxxx XxxxxxIonia, XxxxxxxxxxMichigan 48846, Xxxxxxx 00000Attention: Robert N. Shusxxx, Xxtention: W. Fxxxx Xxxley, facsimile noxxxxxxxxx xx.: (334000) 000-0000. Xxx xxxice to Preferxxx Xxxxxxxxxxxxxrs shall also be xxxxx xx xxxx owners as have, xx to within two years preceding the giving of such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositornotice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyU.S. Bank National Association, Rodnxx Xxxare North1 Federal Street, 1100 3rd Floor, Boston, Massachusetts 02110, Attention: Cxxxxxxxx Xxxxx Xxxxxx XxxxxxXxxxxxxx Xxxxxxxx, Xxxxxxxxxxxxxx x xxxx xx X.X. Xxnk National Association, Xxxxxxxx 00000180 East Fifth Street, xxcsimile (302) 000-0000St. Paul, XxtentionMinnesota 55101, Attention: Corporate Trust AdministrationXxxxx Xxxxxxxx Xxxxxxxx; (bx) in the case of xxxx xxxxxxx to the Delaware Trustee, to Wilmington U.S. Bank Trust CompanyNational Association, Rodnxx Xxxare North300 East Delaware Avenue, 1100 8th Floor, Wilmington, Delaware 19809, Attenxxxx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile Xxxxxxxx; xxx (302x) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of xxxx xxxxxxx xo the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial IBC Capital Finance II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. ." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesTrust Preferred Securityholder, to such Holder Trust Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupTECO Funding Company I, Inc.LLC, One 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such Xxch notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Bank of New York, 101 Barcxxx Xxxeet, 8th Xxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention: Jamex Xxxx, Xxnager of Municipal Northeast Finance Unit/Corporate Trust Administration; and (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), c/o Xxx Xxxx xx Xxx Xxxx, 001 Barcxxx Xxxeet, 8th Xxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention: Jamex Xxxx, Xxnager of Municipal Northeast Finance Unit/Corporate Trust Administration. Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Teco Energy Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupPartnerRe Ltd., Inc.00 Xxxxx Xxx Road, One Xxxxxxxx XxxxxxPembroke HM 08, XxxxxxxxxxBermuda, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.: (334) 000-000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows:
(a) in the case of with respect to the Property Trustee Trustee, to Wilmington Trust CompanyThe Chase Manhattan Bank, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxx 00xx Xxxxxx, Xxxxxxxxxx00xx Xxxxx, Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Institutional Trust AdministrationServices; (b) in the case of with respect to the Delaware Trustee, to Wilmington Chase Manhattan Bank USA, National Association, 000 Xxxxxxx Xxxxxxxxxx Xxxx, OPS4--3rd Floor, Newark, Delaware 19173, Attention: Institutional Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationServices; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositorx/x XxxxxxxXx Xxx., 00 Xxxxx Xxx Road, Pembroke HM 08, Bermuda, marked "Attention: Attention Administrative Trustees of Colonial PartnerRe Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or a Responsible Officer of the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Partnerre LTD)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroup, Inc.Mellon Bank Corporation, One Xxxxxxxx Mellon Bank Center, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Property Trustee to The Chase Manhattan Bank, 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Office; (b) with respect to the Delaware Trustee, to Chase Manhattan Bank Delaware, 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Office; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of Mellon Capital I." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Mellon Capital Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupRepublic Bancshares, Inc., One Xxxxxxxx 111 Xxxxxx Xxxxxx, X.X., Xxxxx 000, Xx. Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx XxxleyChief Financial Officer, facsimile no.: (334813) 000-0000, xx . Xxy notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Trustee, Wilmington Trust Company, Rodnxx Xxxare Northto ______________________, 1100 Xxxxx Xxxxxx XxxxxxWilmington, XxxxxxxxxxDelaware ________, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationAttention:_____________; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Xxtention Corporate Trust Administration; administration, and (cb) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial RBI Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor Sponsor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the DepositorSponsor, to The Colonial BancGroupIDACORP, Inc., One Xxxxxxxx 0000 Xxxx Xxxxx Xxxxxx, XxxxxxxxxxXxxxx, Xxxxxxx 00000Xxxxx 00000- 0000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334) 000-000-0000; or, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositoreach case, as the case such Securityholder's name and address may be, to have been filed with the Property TrusteeTrustee for that purpose within two years preceeding such transmission. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
A. Delle Donne Corporate Center, Xxxxxxxxxx Building, 0000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000-1266; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked "Attention Administrative Trustees of IDACORP Trust __." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Idacorp Trust Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupPublic Service Electric and Gas Company, Inc.80 Park Plaza, One Xxxxxxxx XxxxxxNewark, XxxxxxxxxxNew Jersey 07101, Xxxxxxx 00000Attention: Treasurer, Xxtention: W. Fxxxx Xxxley, facsimile nofacsimixx xx.: (334) 000-000-0000. Xxxx xxxxxx, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand xxxxnd or other communication to or upon a Holder Xxxxxxxxxxxxer shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer the Administrative Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyFirst Union National Bank, Rodnxx Xxxare North21 South Street, 1100 Xxxxx Xxxxxx XxxxxxMorristown, XxxxxxxxxxNew Jersey 07960, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationTrxxx Xxxxxx; (bx) in the case of the Delaware xxxx xxxxxxx xx xxx Xxxxxxxx Trustee, to Wilmington Trust CompanyOne Rodney Square, Rodnxx Xxxare North920 King Street, 1100 Suite 102, Wilmington, Delaware 19801 Xxxxxxion: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile ; xxx (302x) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trusteesxxxx xxxxxxx xx xxx Xxministrative Trustee, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Trustee of Colonial PSE&G Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust IV c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupEdison International, Inc., One Xxxxxxxx 0000 Xxxxxx Xxxxx Xxxxxx, XxxxxxxxxxXxxxxxxx, Xxxxxxx Xxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley[Corporate Secretary], facsimile no.: (334) 000626- ___-0000, xx ____. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Chase Manhattan Bank, at its Corporate Trust Office, Attention: Capital Markets Fiduciary Services; (b) with respect to the Delaware Trustee, to Chase Manhattan Bank Delaware, [address], Wilmington, Delaware 198[__], Attention: [_________]; (c) with respect to the Regular Trustees, to them c/o [__________________], marked "Attention Regular Trustees of EIX Trust [ ]"; and (d) with respect to the Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Eix Trust Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed (ai) in the case of a Holder of Capital Securities, Trust Preferred Securities to such Holder as such Holder's name and address may appear on the Securities Register; Register and (bii) in the case of the Holder of the Trust Common Securities or Securities, the Depositor, to The Colonial BancGroupSea Pines Associates, Inc., One Xxxxxxxx 32 Gxxxxxxxx Xxxxx, Xxxxxx Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx XxxleyChief Financial Officer, facsimile no.: (334843) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Trust Common Securities or the Depositor, as the case may be, be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed given in writing addressed to have been sufficiently given or made only upon actual receipt of the writing by such Person as follows: (i) with respect to the Property Trustee, to First Union National Bank, 1441 Xxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxx Xxxxxxxx 00000, Xxtention: Corporate Trust Administration; (ii) with respect to the Delaware Trustee, such Administrative Trustees or the Issuer to First Union Trust Company, National Association, One Rodnxx Xxxare, 920 Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Xxtention: Corporate Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of a Capital SecuritiesSecurity, to such Holder of a Capital Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupUSF&G Corporation, Inc., One Xxxxxxxx 000 Xxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Holders of Capital Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Bank of New York, 000 Xxxxxxx Xxxxxx. 21W, New York, New York 10286, Attention: Corporate Trust Trustee Administration; (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Xxxxx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711; and (c) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Administrators of USF&G Capital II c/o Treasury Department." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Usf&g Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of of
61 67 a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupCullen/Frost Bankers, Inc., One Xxxxxxxx XxxxxxAttention: Philxxx X. Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile xxcsimile no.: (334210) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereofIssuer, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee to The Bank of New York, 101 Xxxxxxx Xxxxxx, Floor 21W, New York, New York 10286, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Whitx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Department, (c) with respect to the Administrative Trustees, to them c/o Xxx Xxxx xx Xxx Xxxx (Xxlaware), Whitx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Department, marked "Attention: Administrative Trustees of Cullen/Frost Capital Trust I", and (d) with respect to the Issuer Trust Trust, to its principal office specified in Section 2.1, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFifth Third Bancorp, Inc.Fifth Third Center, One Xxxxxxxx Xxxxxx38 Fountain Square Plaza, XxxxxxxxxxCincinnati, Xxxxxxx 00000Ohio 45263, XxtentionAttention: W. Fxxxx XxxleySecrexxxx, facsimile noxxxxxxxxx xx.: (334000) 000-0000, xx to such xx xxxx other address as may be be, specified in a written notice xxxxxxx xxxxxe by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 N. Market Street, Wilmington, Delaware 10000, Attention: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (bx) in the case of the xxxx xxxxxxx xx xhe Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 N. Market Street, Wilmington, Delaware 10000, Attention: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (cx) in the case of the xxxx xxxxxxx xx xhe Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Fifth Third Capital IITrust V"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesTrust Preferred Securityholder, to such Holder Trust Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupMBNA Corporation, Inc.1100 North King Street, One Xxxxxxxx XxxxxxWilmington, XxxxxxxxxxDelaware 19884-2721, Xxxxxxx 00000Attention: Xxxxxx X. Xxxx, Xxtention: W. Fxxxx Xxxley, facsimile noxxxxxxxxx xx.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such noticeXxxx xxtice, demand or other communication xx xxxxx xxxxxnication to or upon a Holder upxx x Xxxxxxxxxolder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North101 Barclay Street, 1100 Xxxxx Xxxxxx XxxxxxNew York, XxxxxxxxxxNew York 10286, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationXxxxx Xxxxxxxxxxxxxx; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare NorthWhite Clay Center, 1100 Xxxxx Xxxxxx XxxxxxRoute 273, XxxxxxxxxxNewark, Delaware, with a copy to the Xxxxxxxx 00000, xxcsimile Xxxxxxx xx the address set forth in clause (302) 000-0000, Xxtention: Corporate Trust Administrationa); and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial MBNA Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. E." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only made, for all purposes, upon actual receipt of the writing by the Property Trusteehand delivery, the Delaware Trustee, such Administrative Trustees mailing or the Issuer Trust, as the case may betransmission.
Appears in 1 contract
Samples: Trust Agreement (Mbna Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupCCF Holding Company, Inc., One Xxxxxxxx 000 Xxxxx Xxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxx, 00000, XxtentionAttention: W. Fxxxx XxxleyXx. Xxxxxxx Xxxxxxxx, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial CCF Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust II Administrators.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (CCF Holding Co)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupPraegitzer Industries, Inc.Xxx., One Xxxxxxxx 0000 SE Monmouth Cut Ofx Xxxx, Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxx 00000, XxtentionXxxxxxxxx: W. Fxxxx XxxleyXxxxxxx X. Bergeron, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property TrusteeChxxx Xxxxxxxxx Xxxxxer. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 Xxxxx Xxxxxx XxxxxxXxxth Market Streex, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionXxxxxxxxx: Corporate Xxxxxxxxx Trust AdministrationDepartment; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 Xxxxx Xxxxxx XxxxxxXxxth Market Streex, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionXxxxxxxxx: Corporate Xxxxxxxxx Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such PRAEGITZER INDUSTRIES TXXXX X." Xuch notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupAllegiant Bancorp, Inc., One Xxxxxxxx Xxxxxx0000 Xxxxxx Xxxx, XxxxxxxxxxSt. Louis, Xxxxxxx 00000Missouri 63114, XxtentionAttention: W. Fxxxx XxxleyCorporate Secretary, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Four Xxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Group Corporate Market Services; (ii) with respect to the Delaware Trustee to Bankers Trust (Delaware), E.
A. Delle Donne Corporate Center, Xxxxxxxxxx Building, 0000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx Xxxxxxxx, 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; Xxxx Xxxxxxx, and (biii) in with respect to the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Secretary." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupGreater Community Bancorp, Inc.55 Union Boulevard, One Xxxxxxxx XxxxxxTotowa, Xxxxxxxxxx, Xxxxxxx 00000, XxtentionNew Xxxxxx 00000 Xxxxxxxxx: W. Fxxxx XxxleyXxxxxx xx xxx Xxxxxxxry, facsimile no.: (334201) 000942-0000, xx 6830 or to such other address as may be adxxxxx xx xxx xe specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albany Street, 1100 4th Floor, New York, XX 00000, Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxxxxx Xxency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), Xxxxxxxxxx1001 Jefferson Street, Suite 550, Wxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionXxxxxxxxx: Corporate Trust AdministrationXxxx Xxxxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; xxx (c) in the case of the Administrative Trusteeswith respecx xx xxx Xxministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (GCB Capital Trust)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupBear Stearns Companies, Inc., One Xxxxxxxx Xxxxxx245 Park Avenue, XxxxxxxxxxNew York, Xxxxxxx 00000New York 10160, XxtentionXxxxntion: W. Fxxxx XxxleyDavid Granvxxxx-Xxxxx, facsimile no.: (334) Xxxxxxxxx Xx.:(000-000-0000, ) (until anothex xxxxxxx xx to such other address as may be specified in a written xxxxxxxxed by notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property TrusteeTrustees). Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee to The Chase Manhattan Bank 450 West 33rd Street, New York, New York 10001, Attention: Corporxxx Xxxxxxx Xxxxxxxxxxxxxx Xxxxrtment; (b) with respect to the Delaware Trustee, to Chase Manhattan Bank Delaware, 1201 Market Street, Wilmington, Delaware 19801, Attention: Corporxxx Xxxxxxx Xxxxxxxxxxxxxx Xxxxxxxxxx; (x) xxxh respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention: Administrators of Bear Stearns Capital Trust I" and (d) with respect to the Trust, c/o The Xxxx Stearns Companies, Inc., 245 Park Avenue, New York, New York, 10100, Xxxention: David Granxxxxx-Xxxxx. Such noticeXxxx xxxxxx, demand xxxxxx xx xxxxx communicatiox xx xx xxxx xxx Xxxxt, the Administrators, the Property Trustee or other communication to or upon the Depositor Delaware Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any noticeTrust, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereofAdministrators, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of or the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupProvident Bankshares Corporation, Inc., One Xxxxxxxx 114 Xxxx Xxxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx XxxleyJamex X. Xxxxxx, facsimile xxcsimile no.: (334410) 000-0000, 0000 xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any noticeA. Delle Donne Corporate Center, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereofMontxxxxxx Xxxlding, first-class postage prepaid1011 Xxxxxx Xxxx, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationLisa Xxxxxxx; (bx) in with respect to the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Office of Colonial Capital IIthe Secretary"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2Provident Trust I, with a copy to each of the Property Trustee114 Xxxx Xxxxxxxxx Xxxxxx, the Delaware Trustee and the Administrative TrusteesXxxxxxxxx, orXxxxxxxx, in each such case00000, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersXxtention: Jamex X. Xxxxxx. Such Xxch notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trustee or the Issuer Trust Administrator shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (Provident Trust I)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupNational City Corporation, Inc., One Xxxxxxxx 1000 Xxxx Xxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxx 00000, XxtentionAttention: W. Fxxxx XxxleyCorporate Secretary, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee[ ]. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, or hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington The Bank of New York Trust Company, Rodnxx Xxxare NorthN.A.; [ ], 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administrationfacsimile no. [ ]; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyBNYM (Delaware); Wxxxx Xxxx Center, Rodnxx Xxxare NorthRxxxx 000, 1100 Xxxxx Xxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxx, Xxxxxxxx 00000, xxcsimile facsimile (302000) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial National City Preferred Capital Trust II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders”. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, the Administrative Trustees Trustee or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only made, for all purposes, upon actual receipt of the writing by the Property Trusteehand delivery, the Delaware Trustee, such Administrative Trustees mailing or the Issuer Trust, as the case may betransmission.
Appears in 1 contract
Samples: Trust Agreement (National City Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFifth Third Bancorp, Inc.Fifth Third Center, One Xxxxxxxx Xxxxxx38 Fountain Square Plaza, XxxxxxxxxxCincinnati, Xxxxxxx 00000Ohio 45263, XxtentionAttention: W. Fxxxx XxxleySecrexxxx, facsimile noxxxxxxxxx xx.: (334000) 000-0000, xx to such xx xxxx other address as may be be, specified in a written notice xxxxxxx xxxxxe by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 N. Market Street, Wilmington, Delaware 10000, Attention: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (bx) in the case of the xxxx xxxxxxx xx xhe Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Rodney Square North, 1100 N. Market Street, Wilmington, Delaware 10000, Attention: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (cx) in the case of the xxxx xxxxxxx xx xhe Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Fifth Third Capital IITrust IV"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Trust Common Securities or the Depositor, to The Colonial BancGroup_____________________________, Inc.Attention: ____________________, One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx Facsimile No. _____________________ or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trust, the Property Trustee, the Delaware Trustee may or, the Administrators shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company_________________, Rodnxx Xxxare North_____________________, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; Trustee Administration Department (b) in the case of with respect to the Delaware TrusteeTrustee to ___________________, to Wilmington Trust Company______________________, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationTrustee Administration Department; (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Office of Colonial Capital II; the Chief Financial Officer" and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person respect to the Property TrusteeTrust to Great Plains Energy Capital Trust __, the Depositor and the Holdersc/o Great Plains Energy Incorporated, 0000 Xxxxxx, Xxxxxx Xxxx, Xxxxxxxx 00000, Attention:____________________. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurity- holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroup, Inc.Mellon Bank Corporation, One Xxxxxxxx Mellon Bank Center, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington The Chase Manhattan Bank, 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Global Trust CompanyServices Office; (b) with respect to the Delaware Trustee, Rodnxx Xxxare Northto Chase Manhattan Bank Delaware, 1100 Xxxxx 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Global Trust AdministrationServices Office; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.Mellon
Appears in 1 contract
Samples: Trust Agreement (Mellon Bank Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may Sponsor shall be given or served sufficient for every purpose (except as otherwise provided in Section 1.1) hereunder if in writing by deposit thereofand mailed, first-class first class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The Colonial BancGroupPrivateBancorp, Inc., One Xxxxxxxx Xxxxxx00 Xxxx Xxxxxxx, XxxxxxxxxxXxxxx 000, Xxxxxxx Xxxxxxx, Xxxxxxxx, 00000, XxtentionAttention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.: (334) 000-0000, xx or to such other address as may be be, specified in a written notice by the Holder of the Common Securities or the DepositorSponsor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmissionmailing. Such notice, demand or other communication to or upon the Depositor Sponsor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Sponsor. Any notice, demand or other communication that by any provision of this Declaration of Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee to Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Administration; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Administration; (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked “Attention: Administrative Trustees of PrivateBancorp Capital Trust IV”; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in i)_in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in ii)_in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupXxxxx-Xxxxx Bancshares, Inc., One Xxxxxxxx 00 Xxxx Xxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxxx, Xxxxxxx XX 00000, XxtentionAttention: W. Fxxxx XxxleyOffice of the Secretary, facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of i)_with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Four Xxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Group Corporate Market Services; (ii)_with respect to the Delaware Trustee to Bankers Trust (Delaware), 0000 Xxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxxxxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile Attention: Xxxx Xxxxxxx, and (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in iii)_with respect to the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Secretary." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Trust Common Securities or the Depositor, to The Colonial BancGroup_____________________________, Inc.Attention: ____________________, One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx Facsimile No. _____________________ or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trust, the Property Trustee, the Delaware Trustee may or, the Administrators shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company_________________, Rodnxx Xxxare North_____________________, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; Trustee Xxxxxxxxxxxxxx Xxxxxxxxxx (bx) in the case of with respect to the Delaware TrusteeTrustee to ___________________, to Wilmington Trust Company__________________________, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationTrustee Administration Department; (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Office of Colonial Capital II; the Chief Financial Officer" and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person respect to the Property TrusteeTrust to CP&L Energy Capital Trust __, the Depositor and the Holdersc/o CP&L Energy, Inc., _______________________________, Attention: ____________________. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Samples: Trust Agreement (Cp&l Energy Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital III; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Mariner Bancorp, Inc., One Xxxxxxxx 0000 Xxxxx Xxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyPresident, facsimile no.: (334410) 000563-0000, xx 1594 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (bii) in the case of with respect to the Delaware Trustee, Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Corporation Trust Administration; , and (ciii) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. President." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Colonial BancGroupSterling Bancorp, Inc.650 Fifth Avenue, One Xxxxxxxx XxxxxxNew York, XxxxxxxxxxNew York 10019-6108, Xxxxxxx 00000Attention: Treasurer xxx Xxxxx Xxxxxxxxx Xxxxxxx, Xxtention: W. Fxxxx Xxxley, facsimile noXxxxxxxxx xx.: (334002) 000757-00008287, xx or to such other address as may be specified in a written notice by writxxx xxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDivision, 5 Penn Plaza, 13th Floor, New York, New York 10001-1810, Attention: Maxxx X. Xxxxxxxx; (bx) in the case of the Delaware Trusteexxxx xxxxxxx xx xxx Xxxxxxxx Xxxxxee, to Wilmington Trust CompanyThe Baxx xx Xxx Xxxx (Xelaware), Rodnxx Xxxare NorthWhite Clay Center, 1100 Xxxxx Xxxxxx XxxxxxRoute 273, XxxxxxxxxxNewark, Xxxxxxxx 00000Delaware 19711, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationKristxxx Xxxxx; (c) in the case of with respect to the Administrative Trustees, to them at the address thxx xx xxx xxxxess above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital IISterling Bancorp Trust I"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.22.1, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or such Administrative Trustees or the Issuer TrustTrustee, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupNational City Corporation, Inc., One Xxxxxxxx 1000 Xxxx Xxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxx 00000, XxtentionAttention: W. Fxxxx XxxleyCorporate Secretary, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement or any Transaction Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, or hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington The Bank of New York Trust Company, Rodnxx Xxxare NorthN.A., 1100 2 Xxxxx Xxxxxx XxXxxxx Xxxxxx, XxxxxxxxxxXxxxx 000, Xxxxxxx, Xxxxxxxx 00000, xxcsimile (302) facsimile no. 300-000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyBNYM (Delaware); Wxxxx Xxxx Center, Rodnxx Xxxare NorthRxxxx 000, 1100 Xxxxx Xxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxx, Xxxxxxxx 00000, xxcsimile facsimile (302000) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial National City Preferred Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersTrust I”. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, the Administrative Trustees Trustee or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only made, for all purposes, upon actual receipt of the writing by the Property Trusteehand delivery, the Delaware Trustee, such Administrative Trustees mailing or the Issuer Trust, as the case may betransmission.
Appears in 1 contract
Samples: Trust Agreement (National City Preferred Capital Trust I)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupUSF&G Corporation, Inc., One Xxxxxxxx 000 Xxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx 00000Xxxxxxxx, Xxtention00000 Attention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Capital Securityholders may also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Trust, to the Delaware Trustee, the Property Trustee, and the Administrators at their respective addresses set forth below; (b) with respect to the Property Trustee to The Bank of New York, 000 Xxxxxxx Xxxxxx, Floor 21W, New York, New York 10286, Attention: Corporate Trust Trustee Administration; (c) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Xxxxx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711; and (d) with respect to the Administrators, to them at the address above for notices to the Depositor, marked "Attention Administrators of USF&G Capital I." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Usf&g Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFifth Third Bancorp, Inc., One Xxxxxxxx Xxxxxx38 Fxxxxxxx Xxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx Xxxx 00000, Xxtention: W. Fxxxx XxxleySecretary, facsimile no.: (334513) 000744-00006757, xx or to such other address as may be be, specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the -50- 57 Administrative Trustees or the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Fifth Third Capital IITrust I"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupPSEG Power LLC, Inc.80 Park Plaza, One Xxxxxxxx XxxxxxNewark, XxxxxxxxxxNew Jersey 07101, Xxxxxxx 00000Attention: Treasurer, Xxtention: W. Fxxxx Xxxley, facsimile nofacsixxxx xx.: (334) 000-000-0000. Xxxx xxxxxx, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand xxmand or other communication to or upon a Holder x Xxxxxxxxxxlder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North101 Barclay Street, 1100 Floor 21 West, New York, New York 10786, Attentixx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare NorthRoute 273, 1100 Xxxxx Xxxxxx XxxxxxWhite Clay Center, XxxxxxxxxxNewark, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDelaware 19711; and (c) in the case of the Administrative Trusteeswith rxxxxxx xx xxx Xxxxxxxxxxxxxx Xxxxxxx, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Trustee of Colonial PSEG Power Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust __ c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, Trustee or the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Colonial BancGroupHFF&L (Bermuda) Holdings, Inc.Ltd., One Canon’s Courts, 00 Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxx XX 00 Bermuda, Xxxxxxx Attention: Chief Operating Officer, with copies to (a) Xxxxxxxx Xxxxxxxxx & Xxxx, LLC, Xxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxx X. Xxxx, facsimile no.Facsimile: (334000) 000-0000, xx (b) Xxxxxxx & Xxxxxxxx LLC, Xxx Xxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000, Attention: Xxxxx X. Tunnel and Xxxxx X. Xxxx, Facsimile: (000) 000-0000, and (c) Xxxxxxx XxXxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx X. Xxxxxxxx, Esq., Facsimile: (000) 000-0000, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositordate of such refusal or inability to deliver.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Property Trustee, the Delaware Trustee, the Administrative Trustees or the Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States U.S. mail, hand personal delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Trust CompanyJPMorgan Chase Bank, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx 000 Xxxxxx, Xxxxxxxxxx00xx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxx 00000, xxcsimile Attention: Worldwide Securities Services HFF&L (302Bermuda) Capital Trust I, facsimile no. (000) 000-0000, Xxtention: Corporate Trust Administration; (bii) in the case of with respect to the Delaware Trustee, to Wilmington Chase Bank USA, National Association, c/o JPMorgan Chase Bank, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Worldwide Securities Services—HFF&L (Bermuda) Capital Trust CompanyI, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile facsimile no. (302000) 000-0000, Xxtention: Corporate Trust Administration; (ciii) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial HFF&L (Bermuda) Capital II; Trust I”, and (div) in with respect to the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeTrust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property TrusteeTrust, the Delaware Trustee, such Administrative Trustees Property Trustee or the Issuer Trust, as the case may beAdministrative Trustees.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupXxxxxx Financial Corp., Inc.0000 Xxxxxxxx Xxxx, One Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxx Xxxxx, Xxxxxxx 00000Xxxxx, XxtentionXxxxxxxxxx 00000 Attention: W. Fxxxx XxxleyXxxxxx X. Xxxxx, facsimile no.number: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Xxxxxx Financial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust III." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Downey Financial Capital Trust Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupPublic Service Enterprise Group Incorporated, Inc.80 Park Plaza, One Xxxxxxxx XxxxxxNewark, XxxxxxxxxxNew Jersey 07101, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile noxx.: (334) 000-000-0000. Xxxx xxxxxx, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand xxxxxx or other communication to or upon a Holder Sexxxxxxxxxxxx shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee Trustee, to Wilmington Wachovia Bank, National Association, 21 South Street, Morristown, New Jersey 07960, Attention: Corporate Trusx Xxxxxxxxxxxxxx; (x) xxxx xxxxxxx xx xxx Xxxaware Trustee, to Wachovia Trust Company, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx XxxxxxOne Rodney Square, Xxxxxxxxxx920 King Street, Xxxxxxxx 00000Suite 102, xxcsimile Wilmington, Delaware 19801; axx (302x) 000-0000with resxxxx xx xxx Xxxxxxxxxxxxxx Xxxxxxx, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above xx xxx xxxxxxx xxxve for notices to the Depositor, marked "Attention: Administrative Trustees Trustee of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. PSEG Funding Trust II c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, Trustee or the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupXxxxxx Financial Corp., Inc.0000 Xxxxxxxx Xxxx, One Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxx Xxxxx, Xxxxxxx 00000Xxxxx, XxtentionXxxxxxxxxx 00000 Attention: W. Fxxxx XxxleyXxxxxx X. Xxxxx, facsimile no.number: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxx , Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Xxxxxx Financial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust III." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Downey Financial Capital Trust Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupJPMorgan Chase & Co., Inc., One Xxxxxxxx 000 Xxxx Xxxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000, XxtentionAttention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxxxxx Xxxxxx, XxxxxxxxxxNew York, Xxxxxxxx 00000New York 10286, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxx Xxxxxx, XxxxxxxxxxRoute 273, Xxxxxxxx 00000Newark, xxcsimile Delaware, with a copy to the Property Trustee at the address set forth in Clause (302) 000-0000, Xxtention: Corporate Trust Administrationa); and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial JPMorgan Chase Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. [ ].” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFifth Third Bancorp, Inc., One Xxxxxxxx Xxxxxx38 Fxxxxxxx Xxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx Xxxx 00000, Xxtention: W. Fxxxx XxxleySecretary, facsimile no.: (334513) 000579-00004300, xx or to such other address as may be be, specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Fifth Third Capital IITrust I"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupHouston Lighting & Power Company, Inc.Houston Industries Plaza, One Xxxxxxxx 0000 Xxxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxx, Xxxxxxx Xxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee, to 000 Xxxxxxx Xxxxxx, Floor 21 West, New York, New York 10286, Attention: Corporate Trust Trustee Administration; (b) with respect to Wilmington the Delaware Trustee, to Xxxxx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711, Attention: Corporate Trust CompanyDepartment; (c) with respect to the Administrative Trustees, Rodnxx Xxxare Northto 000 Xxxx 0xx Xxxxxx Xxxxx, 1100 Xxxxx Xxxxxx XxxxxxXxx 0000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial HL&P Capital Trust II"; and (d) in with respect to the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupCommercial Federal Corporation, Inc.______________ _______, One Xxxxxxxx Xxxxxx__________, Xxxxxxxxxx_______ _____, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334___) 000___-0000, xx ____. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Property Trustee to Xxxxxx Trust and Savings Bank, 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000 Attention: Indenture Trust Division; (b) with respect to the Delaware Trustee, to Wilmington Trust Company, _______________, Wilmington, Delaware _____; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of CFC Preferred Trust." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc., One Xxxxxxxx 000 Xxxx Xxxxx Xxxxxx, XxxxxxxxxxFort Xxxxx, Xxxxxxx 00000Indiana 46802-2706, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334219) 000455-0000, xx 6265. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Property Trustee to The First National Bank of Chicago, Xxx Xxxxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000 Attention: Corporate Trust Department; (b) with respect to the Delaware Trustee, to First Chicago Delaware Inc., 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of Lincoln National Capital III." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or ---------------------------- other communication that communications which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSecurities, to The Colonial BancGroupUnited Rentals Holdings, Inc., One Xxxxxxxx XxxxxxFour Xxxxxxxxx Xxxxxx Xxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXxxxxxx X. Xxxxx, facsimile no.: (334) 000-0000, xx Chief Financial Officer . Any notice to Preferred Securityholders shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given given, or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee, to The Bank of New York, 000 Xxxxxxx Xxxxxx, New York, New York 10286, Attention: Corporate Trust Trustee Administration, (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Xxxxx Xxxx Center, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Attention: 77 Corporate Trust Department, with a copy of any such notice to the Property Trustee at its address above, and (c) with respect to the Administrative Trustees, to them at the address for notices to the Depositor, marked "Attention: Secretary". Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupXxxxx Fargo & Company, Inc., One Xxxxxxxx 000 Xxxxxxxxxx Xxxxxx, XxxxxxxxxxSan Francisco, Xxxxxxx 00000California 94163, XxtentionAttention: W. Fxxxx XxxleyChief Financial Officer MAC# A0101-121, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement or any Transaction Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, or hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington The Bank of New York Mellon Trust Company, Rodnxx Xxxare NorthNational Association, 1100 0 Xxxxx Xxxxxx XxXxxxx Xxxxxx, XxxxxxxxxxXxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, xxcsimile (302) facsimile no. 000-000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington BNY Mellon Trust Companyof Delaware, Rodnxx Xxxare North100 Xxxxx Xxxx Center, 1100 Xxxxx 000, Xxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxx, Xxxxxxxx 00000, xxcsimile facsimile (302000) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial Xxxxx Fargo Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersXV”. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, the Administrative Trustees Trustee or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only made, for all purposes, upon actual receipt of the writing by the Property Trusteehand delivery, the Delaware Trustee, such Administrative Trustees mailing or the Issuer Trust, as the case may betransmission.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage a recognized overnight delivery service (charges prepaid, in the United States mail), hand delivery or facsimile transmissiontransmission (if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service, charges prepaid), in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's =s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupMetroCorp, Inc., One Xxxxxxxx 1000 0xx Xxxxxx, XxxxxxxxxxXxxx Xxxxxx, Xxxxxxx Xxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.number: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. 0000 Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Holder or Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrators shall be given or served in writing addressed (until another address provided by deposit thereof, first-class postage prepaid, the Trust in accordance with the United States mail, hand delivery or facsimile transmission, in each case, addressed, provisions of this Section 10.8) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Rxxxxx Square North, 1100 Xxxxx North Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationAdministration — MetroCorp Capital Trust I; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Rxxxxx Square North, 1100 1000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationAdministration — MetroCorp Capital Trust I; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees “Attention Administrators of Colonial MetroCorp Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Metrocorp Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc., One Xxxxxxxx 1000 Xxxxxx Xxxxxx, XxxxxxxxxxXxxxx 0000, Xxxxxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000-0000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bank One Trust Company, Rodnxx Xxxare NorthNational Association, 1100 1 Bank One Plaza, Mail Code IL1-0823, Cxxxxxx, Xxxxxxxx 00000-0000, Attention: Global Corporate Trust Services; (b) with respect to the Delaware Trustee, to Bank One Delaware Inc., Three Christiana Centre, 200 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial Lincoln National Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. VI.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The Colonial BancGroupWxxxxxx Financial Corporation, Inc.Wxxxxxx Plaza, One Xxxxxxxx 100 Xxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley[Treasurer], facsimile no.: (334) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Sponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee, to The Bank of New York, [101 Bxxxxxx Xxxxxx, Xxxxx 0 Xxxx, Xxx Xxxx, Xxx Xxxx, 10286], Attention: [Corporate Trust Department]; (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), [Wxxxx Xxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000], Attention: [Corporate Trust Services Division]; (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked “Attention: [Administrative Trustees of Wxxxxxx Capital Trust IV”]; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupBancFirst Corporation, Inc.000 Xxxxx Xxxxxxxx, One Xxxxxxxx XxxxxxXxxx, Xxxxxxxxxx, Xxxxxxx XX 00000, XxtentionAttention: W. Fxxxx XxxleyChief Financial Officer, facsimile no.number: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows:
(a) in the case of with respect to the Property Trustee to: The Bank of New York 000 Xxxxxxx Xxxxxx Floor 8 West New York, New York 10286 Attention: Corporate Trust Administration Telecopy: (000) 000-0000/5707
(b) with respect to Wilmington the Delaware Trustee, to: The Bank of New York (Delaware) 000 Xxxxx Xxxx Xxxxxx Route 273 Newark, Delaware 19711 Attention: Corporate Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile Department Telecopy: (302000) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration;
(c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial BFC Capital Trust II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. .” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand request or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder the Trust, the Property Trustee, the Delaware Trustee or the Depositor may Administrative Trustees hereunder shall be given in writing, duly signed by the party giving such notice, and delivered in person, telecopied, mailed by first class mail (registered or served in writing by deposit thereofcertified, first-class postage prepaid, in the United States mail, hand return receipt requested) or overnight air courier guaranteeing next day delivery or facsimile transmission, in each case, addressed, as follows:
(a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, if given to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to set forth below or such other address as the Depositor, marked "Attention: Trust or Administrative Trustees may give notice of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Holders: Harleysville Group Capital Trust __ c/o Harleysville Group Inc. 355 Maple Avenue Harleysville, Pennsylvanxx 00000-0000 Xxxxxxxxx Xx.: (000) 000-0000 Attention: Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person Xxxxxxxx xx Xxrleysville Group Capital Trust __
(b) if given to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, 's address set forth below or such other address as the Property Trustee may give notice of to the Delaware Trustee, the Administrative Trustees and the Holders: Wilmington Trust Company Rodney Square North 1100 North Market Strxxx Wilmington, Delaxxxx 00000-0000
(x) xx xxxxx xx xxx Xxxxxxxx Xxxxxxx, xx xxx Xxxaware Trustee's address set forth below or such other address as the Issuer Delaware Trustee may give notice of to the Property Trustee, the Administrative Trustees and the Holders: Wilmington Trust Company Rodney Square North 1100 North Market Strxxx Wilmington, Delaxxxx 00000-0000
(x) xx xxxxx xx xxx Xxxxxx Xxxxxxxxxxxxxx, xx xhe address of the Depositor set forth below or such other address as the Common Securityholder may give notice thereof: Harleysville Group Inc. 355 Maple Avenue Harleysville, Pennsylvanxx 00000-0000 Xxxxxxxxx Xx.: (000) 000-0000 Attention: Administrative Xxxxxxxx xx Xxrleysville Group Capital Trust __ All notices and communications (other than those sent to Holders) shall be deemed to have been sufficiently given duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt is acknowledged or made only upon actual receipt confirmed, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail or by overnight carrier guaranteeing next day delivery to the address set forth on the books and records of the writing Issuer and shall be deemed to have been duly given: five Business Days after being deposited in the mail, postage prepaid, if mailed; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. If a notice or communication is sent in the Property Trusteemanner provided above within the time prescribed, it is duly given, whether or not the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beaddressee receives it.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Colonial BancGroupHFF&L (U.S.) Holdings, Inc., One 0000 Xxxxxxxx XxxxxxXxxxxx Xxxxx, XxxxxxxxxxXxxxx 000, Xxxxxxx Xxxxxxxxx, XX 00000, XxtentionAttention: W. Fxxxx XxxleyChief Operating Officer, facsimile no.with copies to (a) Xxxxxxxx Xxxxxxxxx & Xxxx, LLC, Xxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000, Attention: Xxxxx X. Xxxx, Facsimile: (334000) 000-0000, xx (b) Xxxxxxx & Xxxxxxxx LLC, Xxx Xxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000, Attention: Xxxxx X. Tunnel and Xxxxx X. Xxxx, Facsimile: (000) 000-0000, and (c) Xxxxxxx XxXxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx X. Xxxxxxxx, Esq., Facsimile: (000) 000-0000, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or made only upon actual receipt within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the writing by the Depositordate of such refusal or inability to deliver.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Property Trustee, the Delaware Trustee, the Administrative Trustees or the Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States U.S. mail, hand personal delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Trust CompanyJPMorgan Chase Bank, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx 000 Xxxxxx, Xxxxxxxxxx50th Floor, Xxxxxxxx 00000Houston, xxcsimile Texas 77002, Attention: Worldwide Securities Services HFF&L (302U.S.) Capital Trust I, facsimile no. (000) 000-0000, Xxtention: Corporate Trust Administration; (bii) in the case of with respect to the Delaware Trustee, to Wilmington Chase Bank USA, National Association, c/o JPMorgan Chase Bank, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Worldwide Securities Services—HFF&L (U.S.) Capital Trust CompanyI, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile facsimile no. (302000) 000-0000, Xxtention: Corporate Trust Administration; (ciii) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial HFF&L (U.S.) Capital II; Trust I”, and (div) in with respect to the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeTrust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property TrusteeTrust, the Delaware Trustee, such Administrative Trustees Property Trustee or the Issuer Trust, as the case may beAdministrative Trustees.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Securitiesa Trust Preferred Security, to such Holder of a Trust Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupHawaiian Electric Industries, Inc., One Xxxxxxxx Xxxxxx47 900 Richards Street, XxxxxxxxxxHonolulu, Xxxxxxx 00000Hawaii 96813, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile nofaxxxxxxx xx.: (334808) 000543-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee7966. Such notice, demand or other communication to or upon a Holder x Xxxxxxxxxxxder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Regular Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North101 Barclay Street, 1100 8W, New York, New York 10286, Attention: Corporatx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (bii) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare NorthWhite Clay Center, 1100 Route 273, Newark, Delaware 19711, Attention: Corpxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile ; and (302iii) 000-0000, Xxtention: Corporate Trust Administration; (c) in with respect to the case of the Administrative Regular Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Regular Trustees of Colonial Hawaiian Electric Industries Capital Trust [II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. ] [III] c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Western Corporation, Inc., One Xxxxxxxx 11210 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx Xxxley, facsimile noVice Chairman; Facsimile No.: (334303) 000-0000, xx . Xny notice to the Holders of the Preferred Securities shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial FW Capital II; and (d) in the case of the Issuer I Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. ." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Fw Capital I)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc., One Xxxxxxxx 200 Xxxx Xxxxx Xxxxxx, XxxxxxxxxxFort Waynx, Xxxxxxx 00000Xxdiana 46802-2706, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334219) 000-0000, xx . Xxy notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Property Trustee to The First National Bank of Chicago, One Xxxxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000 Xxxention: Corporate Trust Department; (b) with respect to the Delaware Trustee, to First Chicago Delaware Inc., 300 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000; xxd (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of Lincoln National Capital IV." Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Colonial BancGroup, Bank of New York Company Inc., One Xxxxxxxx Xxx Xxxx Xxxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334212) 000-0000_________, xx or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States U.S. mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe First National Bank of Chicago, Rodnxx Xxxare NorthXxx Xxxxx Xxxxxxxx Xxxxx, 1100 Xxxxx Xxxxxx Xxxxxx0000, XxxxxxxxxxXxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyFirst Chicago Delaware Inc., Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration______________; (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial BNY Capital II___"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.22.1, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or such Administrative Trustees or the Issuer TrustTrustee, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Bny Capital Vii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupCrescent Banking Company, Inc.0 Xxxxxx Xxx, One Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyXx. Xxxxxx X. Brantley, Jr., facsimile no.: (334000) 000-0000, xx 0000 or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxx Xxxxxx North, Xxxxxxxx 00000Wilmington, xxcsimile (302) 000Delaware 19890-00000001, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxx Xxxxxx North, Xxxxxxxx 00000Wilmington, xxcsimile (302) 000Delaware 19890-00000001, XxtentionAttention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial Crescent Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust II Administrators.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupHartford Financial Services Group, Inc., One Xxxxxxxx XxxxxxXxxxx, XxxxxxxxxxXxxxxxxx, Xxxxxxx Xxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust Company__________, Rodnxx Xxxare North_________, 1100 Xxxxx Xxxxxx Xxxxxx___________, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration___________; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company__________, Rodnxx Xxxare North_________, 1100 Xxxxx Xxxxxx Xxxxxx___________, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration___________; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. __________." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Samples: Junior Subordinated Indenture (Hartford Financial Services Group Inc/De)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroup, Inc.Mellon Financial Corporation, One Xxxxxxxx Mellon Center, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, or hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington Manufacturers and Traders Trust Company; 00 Xxxxx Xxxxxxx Xxxxxx-16th Floor, Rodnxx Xxxare NorthMail Code: MD2-CS58, 1100 Xxxxx Xxxxxx XxxxxxXxxxxxxxx, Xxxxxxxxxx, Xxxxxxxx XX 00000, xxcsimile facsimile No. (302) 000000)000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington M&T Trust Company, Rodnxx Xxxare North, 1100 Company of Delaware; 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000, Mail Code: MD1-WD22, Xxxxxxxxxx, Xxxxxxxx XX 00000, xxcsimile (302) facsimile No. 000-000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "“Attention: Administrative Trustees of Colonial Mellon Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersIV”. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only for all purposes upon actual receipt of the writing by the Property Trusteehand delivery, the Delaware Trustee, such Administrative Trustees mailing or the Issuer Trust, as the case may betransmission.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The Colonial BancGroupCapital Trust, Inc., One Xxxxxxxx 000 Xxxx Xxxxxx, Xxxxxxxxxx00xx Xxxxx, Xxxxxxx Xxx Xxxx, XX 00000, XxtentionAttention: W. Fxxxx Xxxley[Secretary], facsimile no.: (334) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Sponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee, to The Bank of New York, [101 Xxxxxxx Xxxxxx, Xxxxx 0 Xxxx, Xxx Xxxx, Xxx Xxxx, 10286], Attention: [Corporate Trust Department]; (b) with respect to the Delaware Trustee, to BNYM (Delaware), [Xxxxx Xxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000], Attention: [Corporate Trust Services Division]; (c) with respect to the Administrative Trustees, to them at the address above for notices to the Sponsor, marked “Attention: [Administrative Trustees of CT Public Preferred Trust [ ]”]; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement Declaration is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupPublic Service Enterprise Group Incorporated, Inc.80 Park Plaza, One Xxxxxxxx XxxxxxNewark, Xxxxxxxxxx, Xxxxxxx New Jersxx 00000, XxtentionXxxxxxxxx: W. Fxxxx XxxleyXxxxxxxxx, facsimile xxxxxxxle no.: (334) 000973-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee242-1651. Such notice, demand or other demaxx xx xxxxx communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement Declaration is required or permitted to be given or served to or upon the Issuer Trust Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyWachovia Bank, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx 21 South Street, Morristown, Nex Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionXxxxxxxxx: Corporate Trust AdministrationXxxxxxxxx Xxxxx Xxministration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Wachovia Trust Company, Rodnxx Xxxare NorthNational Association, 1100 One Rodney Square, 920 King Street, Xxxxx Xxxxxx Xxxxxx102, XxxxxxxxxxWilxxxxxxx, Xxxxxxxx 00000, xxcsimile ; xxx (302x) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative xxxx xxxxxxx xx xxx Xdministrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Trustee of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. PSEG Funding Trust I c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, Trustee or the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupSterling Financial Corporation, Inc., One Xxxxxxxx 111 Xxxxx Xxxx Xxxxxx, XxxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxxxx 00000, Xxtention: W. Fxxxx XxxleyOffice of the Senior Vice President of Finance, facsimile no.: (334509) 000-0000, 0000 xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a 71 - 66 - Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albaxx Xxxxxx, 1100 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), 1001 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationMs. Xxxx Xxxxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupXxxxxx Financial Corp., Inc.0000 Xxxxxxxx Xxxx, One Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxx Xxxxx, Xxxxxxx 00000Xxxxx, XxtentionXxxxxxxxxx 00000 Attention: W. Fxxxx XxxleyXxxxxx X. Xxxxx, facsimile no.number: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxx , Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Xxxxxx Financial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securities, the Depositor or the DepositorGuarantor, to The Colonial BancGroupBanPonce Financial Corp., Inc.000 Xxxxxxxxxx Xxxx, One Xxxxxxxx Xx. Xxxxxx, XxxxxxxxxxXxx Xxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334) 000-0000[_________], xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, be to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington The First National Bank of Chicago, Xxx Xxxxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, Attention: [Corporate Trust CompanyAdministration]; (b) with respect to the Delaware Trustee, Rodnxx Xxxare Northto First Chicago Delaware Inc., 1100 Xxxxx Xxxxxx 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration[Xxxxxxx X. Xxxxxxxxx]; (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital IIBanPonce Trust I"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.22.1, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
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Samples: Trust Agreement (Banponce Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor Success Bancshares may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSuccess Bancshares, to The Colonial BancGroupSuccess Bancshares, Inc., One Xxxxxxxx XxxxxxXxxxx, XxxxxxxxxxXxxxxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx XxxleySaul X. Xxxxxx, facsimile Xxcsimile no.: (334847) 000-0000, 0000 xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Success Bancshares to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Success 52 58 Bancshares shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Success Bancshares. Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon Success Capital, the Issuer Trust Property Trustee, the Delaware Trustee, the Administrative Trustees, or any Issuer Trustee may Success Capital shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Success Capital) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albaxx Xxxxxx, 1100 0xx Xxxxx, Xxx Xxxx, XX 00000, Xxtention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), 1011 Xxxxxx Xxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationLisa Xxxxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; xxd (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the DepositorSuccess Bancshares, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon Success Capital or the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by Success Capital, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beTrustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage a recognized overnight delivery service (charges prepaid, in the United States mail), hand delivery or facsimile transmissiontransmission (if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service, charges prepaid), in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; , and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupDiamond Walnut Growers, Inc., One Xxxxxxxx 0000 Xxxxx Xxxxxxx Xxxxxx, XxxxxxxxxxX.X. Xxx 0000, Xxxxxxx Xxxxxxxx, Xxxxxxxxxx 00000-0000, XxtentionAttention: W. Fxxxx XxxleyChief Financial Officer, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Holder or Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrators shall be given or served in writing addressed (until another address provided by deposit thereof, first-class postage prepaid, the Trust in accordance with the United States mail, hand delivery or facsimile transmission, in each case, addressed, provisions of this Section 10.8) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare Xxxxxx Square North, 1100 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Attention Administrators of Colonial DW Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Preferred Securities Purchase Agreement (Diamond Foods Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Sponsor or the Depositor Administrative Trustees may be given or served in writing by deposit thereof, first-class class, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesApex, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSponsor, to The Colonial BancGroupXxxxxxx Xxxxx Group, Inc., One Xxxxxxxx 000 Xxxx Xxxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx XX 00000, XxtentionAttention: W. Fxxxx XxxleyCorporate Treasury – Debt Administration, facsimile no.: (334) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Sponsor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor Sponsor or the Holder of the Common Securities shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Sponsor or the Holder of the Common Securities, as the case may be. Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington Trust CompanyThe Bank of New York Mellon, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxxxxx Xxxxxx, XxxxxxxxxxFloor 7W, Xxxxxxxx 00000New York, xxcsimile (302) 000-0000New York, Xxtention10286, Attention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington BNY Mellon Trust Companyof Delaware, Rodnxx Xxxare North000 Xxxxxxxx Xxxxxxx, 1100 Xxxxx Xxxxxx Xxxxxx0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxx Xxxxxxxx, 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationServices; (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the DepositorSponsor, marked "“Attention: Administrative Trustees of Colonial Xxxxxxx Xxxxx Capital II”; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property TrusteeIssuer Trust, the Delaware Trustee, Property Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that communications which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the DepositorSecurities, to The Colonial BancGroupBig Flower Holdings, Inc., One Xxxxxxxx 0 Xxxx 00xx Xxxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000, Xxtention; attention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx General Counsel. Any notice to Preferred Securityholders shall also be given to such other address Owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given given, or made, for all purposes, upon hand delivery, mailing or transmission.
(a) with respect to the Property Trustee, to The Bank of New York, 000 Xxxxxxx Xxxxxx, New York, New York 10286, Attention: Corporate Trust & Agency Department, (b) with respect to the Delaware Trustee, to The Bank of New York (Delaware), Xxxxx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711, with a copy of any such notice to the Property Trustee at its address above, and (c) with respect to the Administrative Trustees, to them at the address for notices to the Depositor, marked "Attention: Secretary". Such notice, demand or other communication to or upon the Depositor Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Trust Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupIndyMac Bancorp, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley_______________, facsimile no.: (334) 000-0000_____________, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee, to Bank Wilmington Trust Company, Rodxxx Xxuare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx Xxtention: Corporate Trust Administration (b) with respect to the Delaware Trustee, to Wilmington Trust Company, Rodxxx Xxuare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx Xxtention: Corporate Trust Administration; (c) with respect to the Administrative Trustees, to them at 155 Xxxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx 00000 xxrked "Attention: Administrative Trustees of IndyMac Capital Trust I"; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupCentura Banks, Inc., One Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxXxxxx Xxxxx, Xxxxxxx Xxxxx Xxxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334000) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington State Street Bank and Trust Company, Rodnxx Xxxare North0 Xxxxxxxxxxxxx Xxxxx, 1100 Xxxxx 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Corporate Trust Division; (b) with respect to the Delaware Trustee, to Delaware Trust Capital Management, Inc., 000 X. Xxxxxx Xxxxxx, Xxxxxx Xxxxx, 0-0-00-00, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationTrust; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Centura Capital IITrust I"; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Centura Banks Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroup, Inc.Trenwick America Corporation, One Xxxxxxxx XxxxxxXxxxxxxxxx Xxxxx, XxxxxxxxxxXxxxxxxx, Xxxxxxx Xxxxxxxxxxx 00000, ; Xxtention: W. Fxxxx Xxxley___________, facsimile no.: (334) 000-0000, xx _______________. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee Trustee, to Wilmington Bank One Trust Company, Rodnxx Xxxare NorthN.A., 1100 Xxxxx 1 Bank One Plaza, Corporate Trust - Suite IL1-0126, Chicxxx, Xxxxxxxx 00000, Xxtention: ; (b) with respect to the Delaware Trustee, to Bank One Delaware, Inc., Three Christiana Center, 201 X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationLegal Department/First USA; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositorc/o Trenwick America Corporation, marked One Xxxxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, xxrked "Attention: Attention Administrative Trustees of Colonial Trenwick America Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Samples: Trust Agreement (Trenwick America Capital Trust Iii)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, prepaid in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securitiesa Preferred Security, to such Holder of a Preferred Security as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the a Common Securities Security or the Depositor, to The Colonial BancGroupPublic Service Enterprise Group Incorporated, Inc.80 Park Plaza, One Xxxxxxxx XxxxxxNewark, XxxxxxxxxxNew Jersey 07101, Xxxxxxx 00000Attention: Treasurer, Xxtention: W. Fxxxx Xxxley, facsimile nofacsimxxx xx.: (334) 000-000-0000. Xxxx xxxxxx, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand xxxand or other communication to or upon a Holder Xxxxxxxxxxxder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Property Trustee, the Delaware Trustee or any Issuer the Administrative Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyWachovia Bank, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx Xxxxxx21 South Street, XxxxxxxxxxMorristown, Xxxxxxxx 00000New Jersey 07960, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationTxxxx Xxxxxxxxxxxxxx; (bx) in the case of the xxxx xxxxxxx xx xxx Delaware Trustee, to Wilmington Wachovia Trust Company, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx XxxxxxOne Rodney Square, Xxxxxxxxxx920 King Street, Xxxxxxxx 00000Suite 102, xxcsimile (302) 000-0000Wilmington, Xxtention: Corporate Trust AdministrationDelaware 19801; xxx (c) in the case of the Administrative Trusteeswith xxxxxxx xx xxx Xxxxxxxxxxxxxx Xxxxxxx, to them at the address xx xxx xxxxxxx above for notices to the Depositor, marked "Attention: Administrative Trustees Trustee of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. PSEG Funding Trust __ c/o Treasurer." Such notice, demand or other communication to or upon the Property Trustee, Trustee or the Delaware Trustee, the Administrative Trustees or the Issuer Trust Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, Trustee or the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (ai) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (bii) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupStandard Management Corporation, Inc., One Xxxxxxxx 10680 Xxxxx Xxxxxxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxxxx, Xxxxxxx 00000, Xxtention: W. Fxxxx XxxleyOffice of the Secretary, facsimile no.: (334317) 000-0000, 0000 xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to 55 62 have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (ai) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albaxx Xxxxxx, 1100 0xx Xxxxx, Xxx Xxxx, XX 00000, Xxtention: Corporate Trust and Agency Group Corporate Market Services; (ii) with respect to the Delaware Trustee to Bankers Trust (Delaware), E.
A. Delle Donne Corporate Center, Montxxxxxx Xxxlding, 1011 Xxxxxx Xxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx Xxxxxxxx, 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; Elizxxxxx Xxxxx, xxd (biii) in with respect to the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Secretary." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
Appears in 1 contract
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesSecurityholder, to such Holder Capital Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupCountrywide Financial Corporation, Inc.4000 Xxxx Xxxxxxx, One Xxxxxxxx XxxxxxXxxxxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley, facsimile no.: (334) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property TrusteeGeneral Counsel. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 100 Xxxxxxx Xxxxxx, XxxxxxxxxxNew York, Xxxxxxxx 00000New York 10286, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Wxxxx Xxxx Xxxxxx, XxxxxxxxxxRoute 273, Xxxxxxxx 00000Newark, xxcsimile Delaware, with a copy to the Property Trustee at the address set forth in Clause (302) 000-0000, Xxtention: Corporate Trust Administrationa); and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial Countrywide Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each V.” All such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust notices shall be deemed to have been sufficiently given when received in person, or made only upon actual receipt mailed by first class mail, postage prepaid, except that if a notice or other document is refused delivery or cannot be delivered because of the writing by the Property Trustee, the Delaware Trusteea changed address of which no notice was given, such Administrative Trustees notice or other document shall be deemed to have been delivered on the Issuer Trust, as the case may bedate of such refusal or inability to deliver.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such Holder's Securityholder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc.000 X. Xxxxxx Xxxxxxx Xxxx, One Xxxxxxxx XxxxxxRadnor, XxxxxxxxxxPennsylvania 19087, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York Mellon, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxxxxx Xxxxxx, XxxxxxxxxxFloor 8W, Xxxxxxxx 00000New York, xxcsimile (302) 000-0000New York 10286, XxtentionAttention: Corporate Trust Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington BNY Mellon Trust Companyof Delaware, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxx Xxxxxx, XxxxxxxxxxRoute 273, Xxxxxxxx 00000Newark, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDelaware 19711; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial Lincoln National Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. IX.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupJeffBanks, Inc., One Xxxxxxxx 1609 Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxxxx, Xxxxxxx Xxxxxxxxxxxx 00000, Xxtention: W. Fxxxx XxxleyOffice of the Secretary, facsimile no.: (334610) 000-0000, 0000 xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albaxx Xxxxxx, 1100 0xx Xxxxx, Xxx Xxxx, XX 00000, Xxtention: Corporate Trust and Agency Group Corporate Market Services; (b) with respect to the Delaware Trustee to Bankers Trust (Delaware), 1001 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case Office of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersSecretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
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Samples: Trust Agreement (Jeffbanks Inc)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupBB&T Corporation, Inc., One Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile no.: (334617) 000664-00004006, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities txx Xxxxxx Xxxxrities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee, to U.S. Bank National Association, One Federal Street, 3rd Floor, Boston, Massachusetts 02110, Attention: Corporate Trust Services; (x) xxxx xxxxxxx xx xxx Xxxxxxxx Xxxxxxx, xx Xxxxxxxxxx Xxxst Company, Rodney Square North, 1100 North Market Street, Wilmington, Delaware 19890-0001, Attention: Corporatx Xxxxt Administratiox; (x) xxxx xxxxxxx xx xxx Xxxxxxxxxxxxxx Xxxxxxxx, xx xxem at 200 West Second Street, Winston-Salem, NC 27101 marked "Attention: Administrative Trustees of BB&T Xxxxxxx Xxxxx X"; xxx (x) xxxx xxxxxxx xx xxx Xssuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may beProperty Trustee or such Administrative Trustee.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder an Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupAtlas Air, Inc., One Xxxxxxxx 538 Xxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxx 00000, Xxtention: W. Fxxxx XxxleyChief Financial Officer, facsimile no.: . (334303) 000-0000, xx . Xxy notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. .
(a) with respect to the Property Trustee to The First National Bank of Chicago, One Xxxxx Xxxxxxxx Xxxxx, Xxxxx 0000,Xxxxxxx, Xxxxxxxx 00000-0000 Xxxention: Corporate Trust Services Division; (b) with respect to the Delaware Trustee, to First Chicago Delaware Inc., c/o FCC National Bank, 300 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000; xxd (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention Administrative Trustees of Atlas Air Capital II." Such notice, demand or other communication to or upon the Depositor Trust or e Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupBankUnited Financial Corporation, Inc., One 000 Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxx Xxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx XxxleyTreasurer, facsimile no.: (334000) 000-0000, xx . Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe Bank of New York, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx21W, Xxxxxxxx 00000New York, xxcsimile (302) 000-0000New York 10286, XxtentionAttention: Corporate Trust Trustee Administration; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyThe Bank of New York (Delaware), Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxx Xxxxxx, XxxxxxxxxxRoute 273, Xxxxxxxx 00000Newark, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDelaware 19711; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersBankUnited Capital". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupFirst Merchants Corporation, Inc., One Xxxxxxxx 200 Xxxx Xxxxxxx Xxxxxx, XxxxxxxxxxP.O. Box 792, Xxxxxxx 00000Muncie, XxtentionIndiana 47305-2814, Attention: W. Fxxxx XxxleyMxxx X. Xxxxxxxx, facsimile no.: (334) 000-0000, xx or to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of the Property Trustee to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (c) in the case of the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees or the Issuer Trust shall be given in writing addressed to such Person as follows: (a) with respect to the Property Trustee, to U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, 300 Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Group, (b) with respect to the Delaware Trustee, to U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, 300 Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Trust Group; (c) with respect to the Administrative Trustees, to them at c/o First Merchants Corporation, 200 Xxxx Xxxxxxx Xxxxxx, P.O. Box 792, Muncie, Indiana 47305-2814, marked “Attention: Administrative Trustees of First Merchants Capital Trust III”; and (d) with respect to the Issuer Trust, to its principal office specified in Section 2.2, with a copy to the Property Trustee. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee or such Administrative Trustee. The Property Trustee agrees to accept and act upon instructions or directions pursuant to this Trust Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Property Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Property Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Property Trustee in its discretion elects to act upon such instructions, the Property Trustee’s understanding of such instructions shall be deemed controlling. The Property Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Property Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Property Trustee, including without limitation the Delaware Trusteerisk of the Property Trustee acting on unauthorized instructions, such Administrative Trustees and the risk or the Issuer Trust, as the case may beinterception and misuse by third parties.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupGreater Community Bancorp, Inc.55 Union Boulevard, One Xxxxxxxx XxxxxxTotowa, Xxxxxxxxxx, Xxxxxxx Nex Xxxxxx 00000, XxtentionXxxxxxxxx: W. Fxxxx XxxleyXxxxxxxxx Xxxxxxary, facsimile no.: (334973) 000942-0000, xx 3566 or to such other address as othxx xxxxxxx xx may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, Depositor to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, the Administrators, or the Issuer Trust or any Issuer Trustee may shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Deutsche Bank Trust CompanyCompany Americas, Rodnxx Xxxare Northc/o DB Services New Jersey, 1100 Inc., 100 Plaza One, Mail Stop JCY03-0603, Jersey City, New Jersey 07311, Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administrationand Agency Services; (b) in the case of with respect to the Delaware TrusteeTrustee to Deutsche Bank Trust Company Delaware, to Wilmington Trust Company1011 Centre Road, Rodnxx Xxxare NorthSuite 200, 1100 Xxxxx Xxxxxx Xxxxxx, XxxxxxxxxxWxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention00000, Xxxxxxxxx: Corporate Trust AdministrationXxxxxxxxx Ferry; and (c) in the case of the Administrative Trusteeswith xxxxxxx xx xxx Administrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the HoldersCorporate Secretary". Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, or such Administrative Trustees or the Issuer Trust, as the case may beAdministrator.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupLincoln National Corporation, Inc.1500 Market Street, One Xxxxxxxx XxxxxxSuite 3900, XxxxxxxxxxPhiladelphia, Xxxxxxx 00000Pennsylvania 19102-2112, XxtentionXxxxxxxxx: W. Fxxxx XxxleyXxxxxxxxx, facsimile noxxxxxxxxx xx.: (334000) 000-0000. Xxx xxxxxx xx Xreferred Securityholders shall also be xxxxx xx xxxx owners as have, xx to within two years preceding the giving of such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositornotice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bank One Trust Company, Rodnxx Xxxare NorthOne Bank One Plaza, 1100 Suite 0126, Chicago, Illinois 60670-0126 Attention: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (bx) in the case of the Delaware xxxx xxxxxxx xx xxx Xxxxxxre Trustee, to Wilmington Trust CompanyBank One Delaware Inc., Rodnxx Xxxare North300 King Street, 1100 Xxxxx Xxxxxx XxxxxxWilmington, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationDelaware 19801; and (c) in the case of the Administrative Trusteeswith respect to txx Xxxxxxxxxxxxxx Xxxxxxxx, to them at the xx xxxx xx xxx address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial Lincoln National Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. V." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to The Colonial BancGroup, Bank of New York Company Inc., One Xxxxxxxx Xxxxxx48 Wall Street, XxxxxxxxxxNew York, Xxxxxxx 00000New York 10286, XxtentionAttention: W. Fxxxx XxxleySecretary, facsimile nofaxxxxxxx xx.: (334000) 000-0000, xx to such xx xxxx other address as may be specified in a written notice xxxxxxx xxxxxx by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) . Any notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust or any Issuer Trustee may shall be given or served in writing by deposit thereof, first-class postage prepaid, in the United States U.S. mail, hand delivery or facsimile transmission, in each case, addressed, addressed to such Person as follows: (a) in the case of with respect to the Property Trustee to Wilmington Trust CompanyThe First National Bank of Chicago, Rodnxx Xxxare NorthOne First National Plaza, 1100 Suite 0126, Chicago, Illinois 60670, Attxxxxxx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationXxxxxxxxxxxxxx; (bx) in the case of the xxxx xxxxxxx xx xhe Delaware Trustee, to Wilmington Trust CompanyFirst Chicago Delaware Inc., Rodnxx Xxxare North300 King Street, 1100 Xxxxx Xxxxxx XxxxxxWilmington, XxxxxxxxxxDelaware 19801, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust AdministrationMichael J. Xxxxxxxxx; (cx) in the case of the Administrative Trusteesxxxx xxxxxxx xx xxx Xxxxxxxtrative Trustxxx, to them at the xx xxxx xx xxx address above for notices to the Depositor, marked "Attention: Administrative Trustees of Colonial BNY Capital IIIII"; and (d) in the case of with respect to the Issuer Trust, to its principal executive office specified in Section 2.22.1, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Such notice, demand or other communication to or upon the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or the Administrative Trustees or the Issuer Trust shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust, the Property Trustee, the Delaware Trustee, Trustee or such Administrative Trustees or the Issuer TrustTrustee, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroupCNA Financial Corporation, Inc.CNA Center, One Xxxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley________, facsimile no.: (334312) 000-0000, xx ______________. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington X. X. Xxxxxx Trust Company, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx 00 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention00000 Attention: Corporate Institutional Trust AdministrationServices; (b) in the case of with respect to the Delaware Trustee, to Wilmington Trust CompanyChase Bank USA, Rodnxx Xxxare NorthNational Association, 1100 Xxxxx Xxxxxx XxxxxxAttn: Worldwide Securities Services, Xxxxxxxxxx000 Xxxxxxx Xxxxxxxxxx Xxxx, Xxxxxxxx 000003/0ps 4, xxcsimile (302) 000-0000, Xxtention: Corporate Trust AdministrationNewark Delaware 19713; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Attention Administrative Trustees of Colonial CNA Financial Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. [I][II][III]." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Samples: Trust Agreement (Cna Financial Corp)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital SecuritiesPreferred Securityholder, to such Holder Preferred Securityholder as such HolderSecurityholder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities Securityholder or the Depositor, to The Colonial BancGroup, ACE INA Holdings Inc., One Xxxxxxxx Xxxxxxc/o ACE USA Inc., XxxxxxxxxxXxx Xxxxxxxxx Xxxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000, XxtentionAttention: W. Fxxxx Xxxley___________, facsimile no.: (334) 000-0000, xx _______________. Any notice to Preferred Securityholders shall also be given to such other address owners as may be specified in a written notice by have, within two years preceding the Holder giving of the Common Securities or the Depositorsuch notice, as the case may be, to filed their names and addresses with the Property TrusteeTrustee for that purpose. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Trust) as follows:
(a) in the case of with respect to the Property Trustee Trustee, to Wilmington Trust CompanyThe First National Bank of Chicago, Rodnxx Xxxare NorthXxx Xxxxx Xxxxxxxx Xxxxx, 1100 Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000, Attention: _______________; (b) with respect to the Delaware Trustee, to Bank One Delaware, Inc., Three Xxxxxxxxx Center, 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionAttention: Corporate Trust Administration______________________ ; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor[c/o ACE USA Inc., Six Concourse Parkway, Suite 2500, Xxxxxxx, Xxxxxxx 00000], marked "Attention: Attention Administrative Trustees of Colonial ACE Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. Trust I." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupKeyCorp, Inc., One Xxxxxxxx 000 Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxx 00000, XxtentionAttention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.: (334000) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrative Trustees shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Deutsche Bank Trust Company Americas, 00 Xxxx Xxxxxx, XX NYC 00-0000, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Corporate Trust and Agency Services; with a copy to Deutsche Bank National Trust Company, Rodnxx Xxxare North00 XxXxxxxx Xxxxxx, 1100 MS: 01-0105, Xxxxxx, XX 00000, Attention: Corporate Trust and Agency Services; (b) with respect to the Delaware Trustee, to Deutsche Bank Trust Company Delaware, E.A. Delle Donne Corporate Center, Xxxxxxxxxx Bldg., 0000 Xxxxxx Xxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; and (c) in the case of with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: “Attention Administrative Trustees of Colonial KeyCorp Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. VIII.” Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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Samples: Trust Agreement (Keycorp /New/)
Reports, Notices and Demands. (a) Any report, notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a Holder of Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of the Common Securities or the Depositor, to The Colonial BancGroupKeyCorp, Inc., One Xxxxxxxx 127 Xxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxx, Xxxxxxx Xxxx 00000, Xxtention: W. Fxxxx XxxleyGeneral Counsel, facsimile no.: (334216) 000-0000, xx to such other address as may be specified in a written notice by the Holder of the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such Xxch notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Such notice, demand or other communication to or upon the Depositor shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Depositor.
(b) Any notice, demand or other communication that which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Issuer Trust Trust, the Property Trustee, the Delaware Trustee or any Issuer Trustee may the Administrators shall be given or served in writing addressed (until another address is published by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, Issuer Trust) as follows: (a) in the case of with respect to the Property Trustee to Wilmington Bankers Trust Company, Rodnxx Xxxare NorthFour Albaxx Xxxxxx, 1100 0xx Xxxxx, Xxx Xxxx, XX 00000, Xxtention: Corporate Trust Administration, Corporate Market Services; (b) with respect to the Delaware Trustee, to Bankers Trust (Delaware), 1001 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxxx000, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, XxtentionXxtn: Corporate Trust AdministrationM. Lisa Xxxxxxx; (b) in the case of the Delaware Trustee, to Wilmington Trust Company, Rodnxx Xxxare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, xxcsimile (302) 000-0000, Xxtention: Corporate Trust Administration; xxd (c) in with respect to the case of the Administrative TrusteesAdministrators, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees Attention Administrators of Colonial KeyCorp Institutional Capital II; and (d) in the case of the Issuer Trust, to its principal executive office specified in Section 2.2, with a copy to each of the Property Trustee, the Delaware Trustee and the Administrative Trustees, or, in each such case, to such other address as may be specified in a written notice by the applicable Person to the Property Trustee, the Depositor and the Holders. B." Such notice, demand or other communication to or upon the Property Trustee, the Delaware Trustee, the Administrative Trustees Issuer Trust or the Issuer Trust Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Issuer Trust or the Property Trustee, the Delaware Trustee, such Administrative Trustees or the Issuer Trust, as the case may be.
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