Common use of Reports, Notices and Demands Clause in Contracts

Reports, Notices and Demands. 47 SECTION 10.9 AGREEMENT NOT TO PETITION..................................................................... 48 SECTION 10.10 TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 SECTION 10.11 ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT A CERTIFICATE OF TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust Agreement, dated as of November 26, 1996, among (i) First Bank System, Inc., a Delaware corporation (including any successors or assigns, the "Depositor"), (ii) Wilmington Trust Company, a banking corporation organized under the laws of Delaware, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) Wilmington Trust Company, a banking corporation organized under the laws of the State of Delaware, as Delaware trustee (the "Delaware Trustee"), (iv) Xxxxx X. Xxxxxx, an individual, Xxx X. Mitau, an individual, and Xxxxx X. Xxxxxx, an individual, each of whose address is c/o First Bank System, Inc., 000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000 (each an "Administrative Agent" and collectively the "Administrative Agents") (the Property Trustee, the Delaware Trustee and the Administrative Agents referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.

Reports, Notices and Demands. 47 68 SECTION 10.9 11.10. AGREEMENT NOT TO PETITION..................................................................... 48 ...................................69 SECTION 10.10 11.11. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 ......69 SECTION 10.11 11.12. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT A CERTIFICATE OF .................................................70 SECTION 11.13. HOLDERS ARE PARTIES.........................................70 SECTION 11.14. COUNTERPARTS................................................70 TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE THIS TRUST AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated (this "Trust Agreement"), dated as of November 26March 9, 1996, 2000 among (i) First Bank SystemGENTIVA HEALTH SERVICES, Inc.INC., a Delaware corporation (including any successors or assigns, the "Depositor"), (ii) Wilmington Trust Company, a banking corporation organized under the laws of Delaware, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) Wilmington Trust Company, a banking corporation organized under the laws of the State of Delaware, and as Delaware trustee (the "Delaware Trustee"), (iviii) Xxxxx Xxxxxx X. XxxxxxBlechshmidt, an individual, Xxx Xxxx X. MitauXxxxxxx, an individual, and Xxxxx Xxxxxxxx X. XxxxxxMa, an individual, each of whose address is c/o First Bank SystemGentiva Health Services, Inc., 000 Xxxxx Xxxxxx Xxxxxx XxxxxXxxx, XxxxxxxxxxxXxxxxxxx, Xxxxxxxxx Xxx Xxxx 00000 (each an "Administrative AgentTrustee" and collectively the "Administrative AgentsTrustees") (the Property Trustee, the Delaware Trustee and the Administrative Agents Trustees are referred to individually as a "Trustee" and collectively as the "Trustees") and (viv) the several Holders, Holders (as hereinafter defined).

Reports, Notices and Demands. 47 SECTION 10.9 10.9. AGREEMENT NOT TO PETITION..................................................................... .......................48 SECTION 10.10 10.10. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... ...........................................................48 SECTION 10.11 10.11. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- . ...............................................49 SECTION 10.12. COUNTERPARTS.................................. 49 EXHIBIT A CERTIFICATE OF TRUST -- Certificate of Trust of Merry Land Capital Trust...........51 EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE B -- Form of Common Securities of Merry Land Capital Trust......52 EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT -- Form of Preferred Securities of Merry Land Capital Trust...54 EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE -- Form of Notice of Conversion.............................. 54 B:\Trust Agreement #3.wpd REH THIS AMENDED AND RESTATED TRUST AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust Agreement, is dated as of November 26________, 1996, among 1999 among: (i) First Bank SystemMerry Land Properties, Inc., a Delaware Georgia corporation (including any successors or assigns, the "Depositor"), ; (ii) Wilmington Trust CompanyFirst Union National Bank, a national banking corporation organized under the laws of Delawareassociation, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate personal capacity and not in its capacity as Property Trustee, the "Bank"), ; (iii) Wilmington Trust Company, a banking corporation organized under the laws of the State of DelawareWilliam J. Reif, as Delaware trustee truxxxx (xx xxxx capacity, the "Delaware Trustee"), ; (iv) Xxxxx X. XxxxxxW. Tennent Houston, an individual, Xxx X. Mitau, an individualMichael N. Xxxxxxxx, and Xxxxx Dorrix X. XxxxxxXxxxx, an individual, each of whose address is cxxxx xx xhose adxxxxx xx x/o First Bank Systemx Xerry Land Properties, Inc., 000 Xxxxxx Xxxxxx Xxxxx624 Ellis Street, XxxxxxxxxxxAugusta, Xxxxxxxxx Geoxxxx 00000 (each each, an "Administrative AgentTrustee" and collectively and, collectively, the "Administrative Agents") (Trustees" and, collectively with the Property Trustee and Delaware Trustee, the Delaware Trustee and the Administrative Agents referred to collectively as the "Trustees") and (viv) the several Holders, Holders as hereinafter defined.

Reports, Notices and Demands. 47 63 SECTION 10.9 10.9. AGREEMENT NOT TO PETITION..................................................................... 48 ..................................... 63 SECTION 10.10 10.10. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 ........ 64 SECTION 10.11 10.11. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AGREEMENT AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT ..................................................... 64 Exhibit A CERTIFICATE OF Certificate of Trust Exhibit B Form of Certificate Depository Agreement Exhibit C Form of Common Securities Certificate Exhibit D Form of Expense Agreement Exhibit E Form of Capital Securities Certificate Exhibit F Form of Restricted Securities Certificate AMENDED AND RESTATED TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust AgreementAGREEMENT, dated as of November December 26, 1996, among (i) Zions First Bank System, Inc.National Bank, a Delaware corporation national banking association (including any successors or assigns, the "DepositorDEPOSITOR"), (ii) Wilmington Chemical Trust CompanyCompany of California, a banking corporation organized under the laws of DelawareCalifornia trust company, as property trustee (in such capacity, the "Property TrusteePROPERTY TRUSTEE" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "BankBANK"), (iii) Wilmington Trust CompanyChase Manhattan Bank Delaware, a banking corporation organized under the laws of the State of DelawareDelaware corporation, as Delaware trustee (in such capacity, the "Delaware TrusteeDELAWARE TRUSTEE"), (iv) Xxxxxx X. Xxxxx, an individual, Xxxxx X. Xxxxxx, an individual, Xxx and Xxxx X. Mitau, an individual, and Xxxxx X. XxxxxxXxxxxxxx, an individual, each of whose address is c/o Zions First National Bank System, Inc., 000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000 (each an "Administrative AgentADMINISTRATIVE TRUSTEE" and collectively the "Administrative AgentsADMINISTRATIVE TRUSTEES") (the Property Trustee, the Delaware Trustee and the Administrative Agents Trustees being referred to collectively as the "TrusteesISSUER TRUSTEES") and the Holders (v) the several Holders, as hereinafter defineddefined herein).

Reports, Notices and Demands. 47 58 SECTION 10.9 10.9. AGREEMENT NOT TO PETITION..................................................................... 48 ...................................................59 SECTION 10.10 10.10. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 ......................60 SECTION 10.11 10.11. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AGREEMENT AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT ..................................................60 SECTION 10.12. SUBMISSION TO JURISDICTION; SERVICE OF PROCESS..............................60 SECTION 10.13. COUNTERPARTS................................................................60 Exhibit A CERTIFICATE OF Certificate of Trust Exhibit B Form of Certificate Depository Agreement Exhibit C Form of Common Securities Certificate Exhibit D Form of Expense Agreement Exhibit E Form of Capital Securities Certificate AMENDED AND RESTATED TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust AgreementAGREEMENT, dated as of November 26_________, 19961999, among (i) First Bank SystemSOUTHERN STATES COOPERATIVE, Inc.INCORPORATED, a Delaware an agricultural cooperative corporation organized under the laws of Virginia (including any successors or assigns, the "DepositorDEPOSITOR"), (ii) Wilmington Trust CompanyFIRST UNION NATIONAL BANK, a national banking corporation organized under the laws of Delawareassociation, as property trustee (in such capacity, the "Property TrusteePROPERTY TRUSTEE" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "BankBANK"), (iii) Wilmington Trust CompanyFIRST UNION TRUST COMPANY, NATIONAL ASSOCIATION, a national banking corporation organized under the laws of the State of Delawareassociation, as Delaware trustee (in such capacity, the "Delaware TrusteeDELAWARE TRUSTEE"), and (iv) Xxxxx X. Xxxxxx, an individual, Xxx X. MitauWAYNE A. BOUTWELL, an individual, and Xxxxx X. XxxxxxJONATHAN A. HAWKINS, an individualindividuxx, each of whose xxxx xx xxxxx address is c/o First Bank SystemSouthxxx Xxxxxx Xxxxxxxxive, Inc.Incorporated, 000 Xxxxxx Xxxxxx Xxxxx6606 West Broad Street, XxxxxxxxxxxRichmond, Xxxxxxxxx 00000 Virginia 23260 (each an "Administrative Agent" and collectively the ADMINISTRATXXX XXXXXXX"Administrative Agents") ), (the Property Trusteexxx Xxxxxxxx Xxxxxxx, the Delaware xxx Xxxxxxre Trustee and the Administrative Agents Trustees being referred to collectively as the "TrusteesISSUER TRUSTEES") and (v) the several Holders, as hereinafter defined).

Reports, Notices and Demands. 47 62 SECTION 10.9 11.10. AGREEMENT NOT TO PETITION..................................................................... 48 ........................................................................63 SECTION 10.10 11.11. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 ...........................................63 SECTION 10.11 11.12. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT A CERTIFICATE OF ..................................64 SECTION 11.13. HOLDERS ARE PARTIES..............................................................................64 SECTION 11.14. COUNTERPARTS.....................................................................................64 AMENDED AND RESTATED TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE THIS AMENDED AND RESTATED TRUST AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated (this "Trust Agreement"), dated as of November 26September 29, 1996, 1999 among (i) First Bank SystemCAREMARK RX, Inc.INC., a Delaware corporation (including any successors or assigns, the "Depositor"), (ii) Wilmington Trust Company, a banking corporation organized under the laws of Delaware, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) Wilmington Trust Company, a banking corporation organized under the laws of the State of Delaware, and as Delaware trustee (the "Delaware Trustee"), (iviii) Xxxxx Jamex X. Xxxxxxxxx, Xx., xx individual, Howaxx X. XxXxxx, xx individual, and Sara X. Xxxxxx, an individual, Xxx X. Mitau, an individual, and Xxxxx X. Xxxxxx, an xx individual, each of whose address is c/o First Bank SystemCaremark Rx, Inc., 000 Xxxxxx Xxxxxx 3000 Xxxxxxxx Xxxxx, XxxxxxxxxxxXxxxx 0000, Xxxxxxxxx Xxxxxxxxxx, Xxxxxxx 00000 (each xxch an "Administrative AgentTrustee" and collectively the "Administrative AgentsTrustees") (the Property Trustee, the Delaware Trustee and the Administrative Agents Trustees are referred to individually as a "Trustee" and collectively as the "Trustees") and (viv) the several Holders, Holders (as hereinafter defined).

Reports, Notices and Demands. 47 SECTION 10.9 10.9. AGREEMENT NOT TO PETITION..................................................................... ........................48 SECTION 10.10 10.10. TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... ............................................................48 SECTION 10.11 10.11. ACCEPTANCE OF TERMS OF TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- . ................................................49 SECTION 10.12. COUNTERPARTS....................................49 EXHIBIT A CERTIFICATE OF TRUST -- Certificate of Trust of Merry Land Capital Trust............51 EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE B -- Form of Common Securities of Merry Land Capital Trust.......52 EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT -- Form of Preferred Securities of Merry Land Capital Trust....54 EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE -- Form of Notice of Conversion................................54 THIS AMENDED AND RESTATED TRUST AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust Agreement, is dated as of November 26________, 1996, among 1999 among: (i) First Bank SystemMerry Land Properties, Inc., a Delaware Georgia corporation (including any successors or assigns, the "Depositor"), ; (ii) Wilmington Trust CompanyFirst Union National Bank, a national banking corporation organized under the laws of Delawareassociation, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate personal capacity and not in its capacity as Property Trustee, the "Bank"), ; (iii) Wilmington Trust Company, a banking corporation organized under the laws of the State of DelawareXxxxxxx X. Xxxx, as Delaware trustee (in such capacity, the "Delaware Trustee"), ; (iv) Xxxxx X. XxxxxxXxxxxxx Houston, an individual, Xxx Xxxxxxx X. Mitau, an individualXxxxxxxx, and Xxxxx Xxxxxx X. Xxxxxx, an individualXxxxx, each of whose address is c/o First Bank SystemMerry Land Properties, Inc., 000 Xxxxxx Xxxxxx XxxxxXxxxx Street, XxxxxxxxxxxAugusta, Xxxxxxxxx 00000 Georgia 30901 (each each, an "Administrative AgentTrustee" and collectively and, collectively, the "Administrative Agents") (Trustees" and, collectively with the Property Trustee and Delaware Trustee, the Delaware Trustee and the Administrative Agents referred to collectively as the "Trustees") and (viv) the several Holders, Holders as hereinafter defined.

Reports, Notices and Demands. 47 SECTION 10.9 56 Section 10.9. AGREEMENT NOT TO PETITION..................................................................... 48 SECTION 10.10 TRUST INDENTURE ACT; CONFLICT WITH TRUST INDENTURE ACT....................................... 48 SECTION 10.11 ACCEPTANCE OF TERMS OF ...................................................57 Section 10.10. COUNTERPARTS................................................................57 Exhibit A. Certificate of Trust of BBC Capital Trust V Exhibit B. Form of Common Securities Certificate Exhibit C. Form of Preferred Securities Certificate Exhibit D. Junior Subordinated Indenture Exhibit E. Form of Transferor Certificate to be Executed for QIBs Exhibit F. Form of Transferee Certificate to be Executed by Transferees other than QIBs Schedule A. Calculation of LIBOR AMENDED AND RESTATED TRUST AGREEMENT, GUARANTEE AND INDENTURE.............................. 48 EXHIBITS -------- EXHIBIT A CERTIFICATE OF TRUST EXHIBIT B-1 PRIVATE CAPITAL SECURITIES CERTIFICATE EXHIBIT B-2 EXCHANGE CAPITAL SECURITIES CERTIFICATE EXHIBIT C CERTIFICATE DEPOSITORY AGREEMENT EXHIBIT D COMMON SECURITIES CERTIFICATES EXHIBIT E EXPENSE AGREEMENT EXHIBIT F FORM OF TRANSFER CERTIFICATE BY INSTITUTIONAL ACCREDITED INVESTOR EXHIBIT G FORM OF TRANSFER CERTIFICATE--OFFSHORE TRANSACTION EXHIBIT H FORM OF SECURITIES ACT LEGENDS Amended and Restated Trust Agreement, dated as of November 26September 27, 19962002, among (i) First Bank SystemBankAtlantic Bancorp, Inc., a Delaware Florida corporation (including any successors or permitted assigns, the "DepositorDEPOSITOR"), (ii) Wilmington Trust CompanyThe Bank of New York, a New York banking corporation organized under the laws of Delawarecorporation, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "BankPROPERTY TRUSTEE"), (iii) Wilmington Trust CompanyThe Bank of New York (Delaware), a Delaware banking corporation organized under the laws of the State of Delawarecorporation, as Delaware trustee (in such capacity, the "Delaware TrusteeDELAWARE TRUSTEE"), (iv) Xxxxx X. XxxxxxDavid Friedman, an individual, Xxx X. MitauMark Wendel, an individual, individual and Xxxxx X. Pamela Xxxxxx, an individualxx xxxividual, each of whose address xxxxx xxxxxss is c/o First Bank SystemBankAtlantxx Xxxxxxx, Inc.Xnc., 000 Xxxxxx Xxxxxx Xxxxx1750 East Sunrise Blvd., XxxxxxxxxxxFt. Lauderdale, Xxxxxxxxx 00000 Florida 33304, as administraxxxx xxxxxxx (each an xx xxxx xxxxxxxxxx, xxxx xx "Administrative AgentXXXXXXXXXXXIVE TRUSTEE" and collectively and, collectively, the "Administrative Agents") (ADMINISTRATIVE TRUSTEES" and, together with the Property Trustee and the Delaware Trustee, the Delaware Trustee and the Administrative Agents referred to collectively as the "TrusteesTRUSTEES") and (v) the several Holders, as hereinafter defined.