Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. (c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 8 contracts
Samples: Trust Agreement (Huntington Bancshares Inc/Md), Trust Agreement (Whitney Capital Trust I), Trust Agreement (Wintrust Financial Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 6 contracts
Samples: Trust Agreement (Greenville First Bancshares Inc), Trust Agreement (Camden National Corp), Trust Agreement (Tidelands Bancshares Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, Purchaser and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 4 contracts
Samples: Trust Agreement (Entegra Financial Corp.), Trust Agreement (Macon Financial Corp.), Trust Agreement (Commercial Capital Bancorp Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchaser or its designee as identified in writing to the Property Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 4 contracts
Samples: Trust Agreement (BNC Bancorp), Trust Agreement (Iberiabank Corp), Trust Agreement (Harleysville National Corp)
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ Officer’s Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) or a designee thereof, as identified in writing to the Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 4 contracts
Samples: Trust Agreement (Northstar Realty), Trust Agreement (Northstar Realty), Trust Agreement (Northstar Realty)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 4 contracts
Samples: Trust Agreement (Stifel Financial Corp), Trust Agreement (Seacoast Banking Corp of Florida), Trust Agreement (Blue Valley Ban Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit F) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Subject to Section 8.16(c), the Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Trust Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), Owner) and (iviii) any designee of (i), or (ii) or (iii) above, (collectively, the “Report Recipients”) a duly completed and executed certificate in the form attached hereto as Exhibit GE, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Report Recipients agree to hold all information contained in any financial statements provided to them pursuant to this Section 8.16 which are not filed with or furnished to the Commission through XXXXX or otherwise made publicly available by the Depositor (“Confidential Financial Statements”), in confidence and will not directly or indirectly, transfer, publish or disclose any such information, to any other person or entity without the prior written consent of the Depositor, except and only to the extent as may be required by law or judicial process (in which case the Recipients shall provide notice of such compelled disclosure to the Depositor prior to (or, in the case of an on-site governmental authority or agency examination, to the extent practicable) such disclosure); provided that the Report Recipients shall be permitted to use such information for the purpose of preparing and disclosing aggregate information that is not specific to the Depositor. The Depositor agrees to promptly provide such Confidential Financial Statements to a prospective purchaser of the Trust Preferred Securities who expressly agrees (orally or in writing) to maintain its confidentiality. The Depositor shall place a conspicuous legend as to confidentiality on any Confidential Financial Statements made available hereunder.
(d) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserOwners of the Trust Preferred securities as identified in writing to the Property Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 3 contracts
Samples: Trust Agreement (Temecula Valley Bancorp Inc), Trust Agreement (First Chester County Corp), Trust Agreement (Temecula Valley Bancorp Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or the Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) aboveabove as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 3 contracts
Samples: Trust Agreement (Horizon Bancorp /In/), Trust Agreement (Coastal Banking Co Inc), Trust Agreement (Greer Bancshares Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 3 contracts
Samples: Trust Agreement (FNB Financial Services Corp), Trust Agreement (Community Shores Bank Corp), Trust Agreement (Capital Bancorp Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Blue River Bancshares Inc), Trust Agreement (United Bancorp Inc /Oh/)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, so long as the Purchaser holds any interest in the Preferred Securities and (iii) any Owner of the Preferred Securities reasonably a Subsequent Purchaser that is identified to the Depositor by either Credit Suisse First Boston LLC or the Trust (which identification may be made either by such Owner or by Purchaser, so long as the Placement Agent or Purchaser), and (iv) Subsequent Purchaser holds any designee of (i), (ii) or (iii) aboveinterest in the Preferred Securities, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. The delivery requirements under this Section 8.16(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Bluegreen Corp), Trust Agreement (Bluegreen Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, Trustee a duly completed and executed certificate in the form attached hereto as Exhibit GA, including the financial statements attachments referenced in such Exhibit, which certificate and financial statements attachments shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive be prvided with under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, Holders all such reports, certificates certificate or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Pacific Crest Capital Inc), Trust Agreement (Pacific Crest Capital Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Commercial Capital Bancorp Inc), Trust Agreement (Placer Sierra Bancshares)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (FNB Corp/Nc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the PurchaserTrapeza Manager, Inc. (at 507 Xxxxx Tower, 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, or such other address as designated by Trapeza Manager, Inc.) and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or PurchaserTrapeza Manager Inc.), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 2 contracts
Samples: Trust Agreement (Lakeland Bancorp Inc), Trust Agreement (Nara Bancorp Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the each Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the PurchaserTrapeza Manager, Inc. (at 507 Cxxxx Tower, 400 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, or such other address as designated by Trapeza Manager, Inc.) and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or PurchaserTrapeza Manager Inc.), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) aboveabove as identified in writing to the Property Trustee, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Iberiabank Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserTrapeza Manager, Inc. (at 507 Carew Tower, 441 Vine Street, Cincinnati, OH 45202 or such otxxx xddress ax xxxxxxxxxx xx Xxxxxxx Xxxxxxx, Xxx.); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Trapeza Manager, and (ivInc.) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Wesbanco Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. The delivery requirements under this Section 8.16(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Levitt Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) each Purchaser or its designee as identified in writing to the PurchaserProperty Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof. ARTICLE IX.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. The delivery requirements under this Section 8.16(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchaser and any designee thereof, (ii) as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Bluegreen Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or the Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) aboveabove as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserDekania Capital Management, LLC, c/x Xxxxx Bros. & Co.1818 Market Street, 28th Floor, Philadelphia, Pennsylvania 19103 or such other address as designated by Dekania Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Dekania Capital Management, and (ivLLC) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) each Purchaser or its designee as identified in writing to the PurchaserProperty Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) or its designee, as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserDekania Capital Management, LLC, c/o Cohen Bros. & Co. 1818 Market Street, 28th Floor, Philadelphia, Pexxxxxxxnia 19103 or xxxx xxxxx xxxxxxx xx xxxxxxxxxx xx Xxxxxxx Xxxxxxx Xxxxxxxxxx, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Dekania Capital Management, and (ivLLC) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Tower Group, Inc.)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. Financial statements and other financial and statistical information as set forth in the form attached hereto as Exhibit G shall be provided for informational purposes only.
(c) If the Depositor intends to file its annual and quarterly information with the Commission in electronic form pursuant to Regulation ST of the Commission using the XXXXX system, the Company shall notify the Property Trustee in the manner prescribed herein of each such annual and quarterly filing. The Property Trustee is hereby authorized and directed to access the XXXXX system for purposes of retrieving the financial information so filed. The Property Trustee shall have no duty to search for or obtain any electronic or other filings that the Depositor makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of reports, information and documents to the Property Trustee pursuant to this Section 8.16(c) shall be solely for purposes of compliance with this Section 8.16(c) and, if applicable, with Section 314(a) of the Trust Indenture Act. The Property Trustee’s receipt of such reports, information and documents shall not constitute notice to it of the content thereof or any matter determinable from the content thereof, including the Depositor’s compliance with any of its covenants hereunder, as to which the Property Trustee is entitled to rely upon Officers’ Certificates.
(d) The Property Trustee shall receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserDekania Capital Management, LLC, c/o Cohen Bros. & Co.1818 Market Street, 28th Floor, Philadelphia, Pennxxxxxxxa 19103 or such other address as designated by Dekania Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Dekania Capital Management, and (ivLLC) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
. The Depositor must provide such certificate and financial information for all of its insurance subsidiary companies, except for PXRE Reinsurance (cBarbados) Ltd. and PXRE Limited; provided, however, if either PXRE Reinsurance (Barbados) Ltd. or PXRE Limited engages in insurance activity, which insurance activity exceeds 10% of the aggregate net earned premium of the Depositor and its consolidated subsidiaries as a whole in any fiscal year, the entity exceeding the 10% threshold will, from that point forward, be required to furnish the Officer's Financial Certificate and financial information pursuant to Exhibit G. The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Pxre Group LTD)
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Capitalsource Inc)
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ Officer’s Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, (ii) the PurchaserPurchasers, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), Purchasers) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchasers, (ii) the Placement Agent and (iii) or a designee thereof, as identified in writing to the Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Northstar Realty)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the PurchaserTrapeza Manager, Inc. (at 507 Xxxxx Tower, 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, or such other address as designated by Trapeza Manager, Inc.) and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or PurchaserTrapeza Manager Inc.), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements attachments referenced in such Exhibit, which certificate and financial statements attachments shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty forty-five (45) days after the end of each of the first three (3) fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit F) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, ; (ii) the Purchaser, Purchaser and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, above a duly completed and executed officer’s financial certificate substantively and substantially in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three (3) fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Capitalsource Inc)
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, subject, in each case, to the limitation contained in Section 8.16(c) below, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor; provided that the certificate and financial statements required to be delivered for the fiscal year ended December 31, 2005 and the fiscal quarter ended March 31, 2006 shall not be required to be delivered until June 5, 2006.
(c) The Property Trustee, each Purchaser, any Owner of the Preferred Securities and any designee of the Property Trustee, a Purchaser or any Owner of the Preferred Securities (collectively, the “Recipients”) agree to hold all information contained in any financial statements provided to them pursuant to this Section 8.16 which are not filed with or furnished to the Commission through the Commission’s XXXXX system or otherwise made publicly available by the Guarantor or the Depositor (“Confidential Financial Statements”), in confidence and will not directly or indirectly, transfer, publish or disclose any such information, to any other person or entity without the prior written consent of the Guarantor, except and only to the extent as may be required by law or judicial process (in which case the Recipients shall provide notice of such compelled disclosure to the Guarantor prior to such disclosure); provided that the Recipients shall be permitted to use such information for the purpose of preparing and disclosing aggregate information that is not specific to the Depositor or the Guarantor. The Depositor and the Guarantor agree to promptly provide such Confidential Financial Statements to a prospective purchaser of the Preferred Securities who expressly agrees (orally or in writing) to maintain its confidentiality. The Depositor and the Guarantor shall have no obligation to deliver any Confidential Financial Statements to any Recipient unless and until the Recipient expressly agrees (orally or in writing) to be bound by the confidentiality provisions contained in this Section 8.16(c). The Depositor and the Guarantor shall place a conspicuous legend as to confidentiality on any Confidential Financial Statements made available hereunder.
(d) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the each Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Mills Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor; provided, however, that so long as the Depositor is a public reporting company and its annual and other periodic reports are timely filed with the Commission in accordance with the requirements of the Exchange Act and are publicly available on the EXXXX system, then the Depositor shall not be required to furnish such certificate and financial statements; and provided further, however, that if any of the information or financial statements required by such certificate is not otherwise publicly available at the time such certificate is required to be delivered by the Depositor, then the Depositor’s delivery of such certificate and financial statements shall be preconditioned upon Depositor’s receipt of a confidentiality agreement from each intended recipient unless the Depositor determines, in its sole discretion, that such agreement is not required by the U.S. federal securities laws.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) or its designee as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
(d) If and so long as the Depositor is neither subject to Section 13 or 15(d) of the Exchange Act nor exempt from such reporting requirements pursuant to Rule 12g3-2(b) under the Exchange Act, the Depositor shall furnish to the Holders and to prospective purchasers of Preferred Securities, upon their request, the information required to be furnished pursuant to Rule 144A(d)(4) under the Securities Act until such time as the Preferred Securities are no longer “restricted securities” under Rule 144 under the Securities Act.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the each Purchaser, (ii) or its designee as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the each Purchaser, ; (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ; and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor, to the extent such financial statements are not available by such dates via EDGAR; if the Depositor is not a company reporting with the Commissixx, xuch Exhibit and the financial statements referenced in said Exhibit shall be delivered.
(c) The Property Trustee shall obtain be furnished all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, each Purchaser and (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, Purchaser and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof. ARTICLE IX.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after [TPW: NYLEGAL:665345.3] 20965-00009 07/20/2007 07:46 PM the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchaser or its designee as identified in writing to the Property Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor Depositor, the Guarantor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the Depositor and the Guarantor ending after the date of this Trust Agreement, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Guarantor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Guarantor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor and the Guarantor shall furnish to (i) the Property Trustee, (ii) the PurchaserPurchasers, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor Depositor, the Guarantor or the Trust (which identification may be made either by such Owner or by the Placement Agent or either Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor and the Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and the Guarantor and not later than ninety (90) days after the end of each fiscal year of the DepositorDepositor and the Guarantor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchasers, (ii) the Placement Agent and (iii) a designee thereof, as identified in writing to the Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Windrose Medical Properties Trust)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee specified in writing of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) or its designee as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) each Holder and prospective Purchaser of the PurchaserTrust Securities, including, but not limited to, U.S. Capital Funding VI, Ltd. (“USCF VI”), StoneCastle Advisors, LLC, as collateral manager for USCF VI, and any single purpose entity formed for the purpose of purchasing (prospectively, or otherwise) or holding the Trust Securities, and (iii) any Owner of the Preferred Securities reasonably identified Ratings Agency pursuant to the Depositor or the Trust (which identification may be made either a request by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) aboveHolder, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. For the purposes of all information delivery requirements hereunder, a holder of collateral debt obligations for which the Preferred Securities form a part of the collateral pool shall not be deemed a beneficial owner of the Trust Securities. Notwithstanding the foregoing, the Depositor shall not deliver such certificate or financial statements unless the recipient thereof (other than any Ratings Agency) shall have agreed to be bound to confidentiality restrictions substantially similar to Section 8.16(d) hereof.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereofthereof to (i) each Holder and prospective Purchaser of the Trust Securities, including, but not limited to, USCF VI, StoneCastle Advisors, LLC, as collateral manager for USCF VI, and any single purpose entity formed for the purpose of purchasing (prospectively, or otherwise) or holding the Trust Securities, and (ii) Ratings Agency pursuant to a request by the Purchaser or any Holder.
(d) For the purposes hereof, “Confidential Information” means information delivered to (i) the Property Trustee, (ii) the Purchaser and any subsequent or prospective purchasers of the Trust Securities, (iii) any Owner of the Preferred Securities and (iv) any designee of (i), (ii) or (iii) above (collectively, the “Recipients of Confidential Information”) by or on behalf of the Depositor or the Trust in connection herewith or otherwise pursuant hereto, including, without limitation, the certificates, financial statements, reports, documents and correspondence delivered pursuant to this Section 8.16, Article 10 and other information provided by the Depositor or the Trust, provided that such term does not include information that (a) was publicly known or otherwise known to the Recipients of Confidential Information prior to the time of such disclosure, (b) subsequently becomes publicly known through no act or omission by the Recipients of Confidential Information or any person acting on their behalf in violation of any obligation of confidentiality or (c) otherwise becomes known to the Recipients of Confidential Information other than through disclosure by the Depositor or the Trust. The Recipients of Confidential Information shall maintain the confidentiality of such Confidential Information and shall not share, deliver or otherwise disclose the Confidential Information to any other person or entity, provided that the Recipients of Confidential Information may share, deliver or disclose Confidential Information to (i) their directors, officers, employees and, to the extent such disclosure related to their investment contemplated by this Agreement, outside advisors and a subsequent holder or beneficial owner of the Preferred Securities, provided, that such person or entity agrees to be bound to confidentiality restrictions substantially similar to this Section 8.16(d) or (ii) any other person to which such sharing, delivery or disclosure is required (w) in connection with enforcement of the rights under this Trust Agreement of one or more of the Recipients of Confidential Information, (x) to effect compliance with any applicable law, rule, regulation or order, (y) in response to any subpoena or other legal process or (z) in connection with any litigation to which the one or more of the Recipients of Confidential Information is a party, provided, further, that in the case of (y) or (z), the party subject to such obligation shall use reasonable efforts, as appropriate, to promptly notify the Depositor and the Trust of the details of the required disclosure and cooperate with the Depositor or the Trust to intervene to oppose, limit or condition such disclosure.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) aboveabove as identified in writing to the Property Trustee, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish (or cause to be furnished) to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished (or caused to be furnished) by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. The delivery requirements under this Section 8.16(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, so long as the Purchaser holds any interest in the Preferred Securities and (iii) any Owner of the Preferred Securities reasonably a Subsequent Purchaser that is identified to the Depositor by either SunTrust Capital Markets, Inc. or the Trust (which identification may be made either by such Owner or by Purchaser, so long as the Placement Agent or Purchaser), and (iv) Subsequent Purchaser holds any designee of (i), (ii) or (iii) aboveinterest in the Preferred Securities, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, (collectively, the "Report Recipients") a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates If the Depositor intends to timely file its annual and information, which it is entitled quarterly information with the Commission in electronic form pursuant to receive under each Regulation S T of the Operative DocumentsCommission using the Commissioner's Electronic Data Gathering, Analysis and deliver Retrieval ("EXXXX") system, the Depositor shall notify the Report Recipients in the manner prescribed herein of each such timely annual and quarterly filing. The Report Recipients are hereby authorized and directed to (i) access the PurchaserEXXXX system for purposes of retrieving the financial information so filed. The Report Recipients shall have no duty to search for or obtain any electronic or other filings that the Depositor makes with the Commission, (ii) the Placement Agent and (iii) a designee regardless of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.whether such
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) --------- covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the each Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such --------- Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) each Purchaser or its designee as identified in writing to the PurchaserProperty Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (First Banks, Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ ' Certificate (substantially in the form attached hereto as EXHIBIT H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit EXHIBIT G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchaser or its designee as identified in writing to the Property Trustee, (ii) the Placement Agent and (iii) a designee copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof. ARTICLE IX.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserDekania Capital Management, LLC, c/x Xxxxx Bros. & Co.1818 Market Street, 28th Floor, Philadelphia, Pennsylvania 19103 or such other address as designated by Dekania Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Dekania Capital Management, and (ivLLC) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (American Safety Insurance Holdings LTD)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Holder, and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, which is identical to the form attached as Exhibit A to the Indenture, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor, provided however, that as long as the Depositor is subject to the reporting requirements of the Exchange Act and such financial statements are available on XXXXX on the SEC’s website, it need not furnish such certificate to the parties listed above.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (First Citizens Bancshares Inc /De/)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Matrix Bancorp Inc)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor. The delivery requirements under this Section 8.16(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.
(c) For so long as the Depositor intends to file its annual and quarterly information with the Commission in electronic form pursuant to Regulation S-T of the Commission using the Commission's XXXXX system, the Administrative Trustees shall notify the Property Trustee in the manner prescribed herein of each such annual and quarterly filing. The Property Trustee is hereby authorized and directed to access the XXXXX system for purposes of retrieving the financial information so filed. Compliance with the foregoing shall constitute delivery by the Administrative Trustees of the Depositor’s financial statements to the Property Trustee in compliance with the provisions of Section 314(a) of the Trust Indenture Act, if applicable. The Property Trustee shall have no duty to search for or obtain any electronic or other filings that the Depositor makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of reports, information and documents to the Property Trustee pursuant to this Section 8.16(c) shall be solely for purposes of compliance with Section 8.16(b) and, if applicable, with Section 314(a) of the Trust Indenture Act; provided, however that such quarterly and annual information is filed no later than forty-five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and no later than ninety (90) days after the end of each fiscal year of the Depsoitor, as applicable, and shall not relieve the Company of the requirement to deliver the certificate referred to in Section 8.16(b). The Property Trustee's receipt of such reports, information and documents shall not constitute notice to it of the content thereof or any matter determinable from the content thereof, including the Depositor's compliance with any of its covenants hereunder, as to which the Property Trustee is entitled to rely upon Officers' Certificates.
(d) The Property Trustee shall receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the PurchaserPurchaser and any designee thereof, (ii) as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Samples: Trust Agreement (Bluegreen Corp)
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five one hundred and twenty (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90120) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreementhereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor; provided, however, that so long as the Depositor is a public reporting company and its annual and other periodic reports are timely filed with the Commission in accordance with the requirements of the Exchange Act and are publicly available on the XXXXX system, then the Depositor shall not be required to furnish such certificate and financial statements; and provided further, however, that if any of the information or financial statements required by such certificate is not otherwise publicly available at the time such certificate is required to be delivered by the Depositor, then the Depositor’s delivery of such certificate and financial statements shall be preconditioned upon Depositor’s receipt of a confidentiality agreement from each intended recipient unless the Depositor determines, in its sole discretion, that such agreement is not required by the U.S. federal securities laws.
(c) The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) or its designee as identified in writing to the Placement Agent and (iii) a designee Property Trustee, copies of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
(d) If and so long as the Depositor is neither subject to Section 13 or 15(d) of the Exchange Act nor exempt from such reporting requirements pursuant to Rule 12g3-2(b) under the Exchange Act, the Depositor shall furnish to the Holders and to prospective purchasers of Preferred Securities, upon their request, the information required to be furnished pursuant to Rule 144A(d)(4) under the Securities Act until such time as the Preferred Securities are no longer “restricted securities” under Rule 144 under the Securities Act.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ ' Certificate covering the preceding fiscal periodyear, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the PurchaserTrapeza Manager, Inc., (at 507 Xxxxx Tower, 000 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000 or such other address as designated by Trapeza Manager, Inc.); and (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser)Trapeza Manager, and (ivInc.) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty forty-five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five sixty (4560) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety one hundred twenty (90120) days after the end of each fiscal year of the Depositor Trust ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to Trapeza Manager, Inc. (iat 507 Xxxxx Tower, 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000, or such other address as designated by Trapeza Manager, Inc.) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) The Property Trustee shall obtain all reports, certificates certificate and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor, provided, however, that the Depositor shall not be required to furnish a completed and executed certificate in the form attached hereto as Exhibit G so long as the Depositor is subject to Section 15(d) of the Exchange Act. The Depositor shall furnish all financial statements referenced in the certificate attached hereto as Exhibit G, notwithstanding the fact that the certificate may not be required to be furnished under this Section 8.16.
(c) The Property Trustee shall obtain all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) The Depositor shall furnish to (i) to the Property Trustee, ; (ii) the each Purchaser, ; (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or and the Trust (which identification may be made either by such Owner or by the Placement Agent or any Purchaser), ; and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor, to the extent such financial statements are not available by such dates via EDGAR; if the Depositor is not a company reporting with the Commission, xxxh Exhibit and the financial statements referenced in said Exhibit shall be delivered.
(c) The Property Trustee shall obtain be furnished all reports, certificates and information, which it is entitled to receive under each of the Operative Documents, and deliver to (i) the Purchaser, each Purchaser and (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
Reports to and from the Property Trustee. (a) The Depositor and the Administrative Trustees shall deliver to the Property Trustee, not later than forty five (45) days after the end of each of the first three fiscal quarters of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor ending after the date of this Trust Agreement, an Officers’ Certificate (substantially in the form attached hereto as Exhibit H) covering the preceding fiscal period, stating whether or not to the knowledge of the signers thereof the Depositor and Depositor, the Administrative Trustees or the Trust are in default in the performance or observance of any of the terms, provisions and conditions of this Trust Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Depositor Depositor, the Administrative Trustees or the Trust shall be in default, specifying all such defaults and the nature and status thereof of which they have knowledge.
(b) . The Depositor shall furnish to (i) the Property Trustee, (ii) the Purchaser, (iii) any Owner of the Preferred Securities reasonably identified to the Depositor or the Trust (which identification may be made either by such Owner or by the Placement Agent or Purchaser), ) and (iv) any designee of (i), (ii) or (iii) above, a duly completed and executed certificate in the form attached hereto as Exhibit G, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Depositor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Depositor and not later than ninety (90) days after the end of each fiscal year of the Depositor.
(c) . The Property Trustee shall obtain receive all reports, certificates and information, which it is entitled to receive obtain under each of the Operative Documents, and deliver to (i) the Purchaser, (ii) the Placement Agent and (iii) a designee of (i) or (ii) above, as identified in writing to the Property Trustee, copies of all such reports, certificates or information promptly upon receipt thereof.
Appears in 1 contract
