Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that: (a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall be, as of such date, entitled to the benefits of this Trust Agreement; and (b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 18 contracts
Samples: Trust Agreement (Independent Bank Corp /Mi/), Trust Agreement (Wintrust Capital Trust I), Trust Agreement (Ifc Capital Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on at the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall and will have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of Bank, this Trust Agreement.
Appears in 17 contracts
Samples: Trust Agreement (Silicon Valley Bancshares), Trust Agreement (Silicon Valley Bancshares), Trust Agreement (Praegitzer Industries Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders Holders that:
(a) the The Trust Securities Certificates issued on the at Closing Date or the Option Closing Date, if applicable, on behalf of the Issuer Trust have been duly authorized and, shall and will have been, been duly and validly executed, and, subject to payment therefor, issued and delivered by the Administrative Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Securityholders shall Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there There are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, either the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 11 contracts
Samples: Trust Agreement (Alabama National Bancorporation), Trust Agreement (Auburn National Bancorporation Inc), Trust Agreement (Mountain National Bancshares Inc)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall have beenbe, as of such date or dates, if applicable, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall be, as of such datedate or dates, if applicable, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 8 contracts
Samples: Trust Agreement (FCNB Capital Trust), Trust Agreement (Peoples Bancshares Inc), Trust Agreement (Century Bancorp Capital Trust)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, Bank or the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Metropolitan Financial Corp /Oh/), Trust Agreement (Metropolitan Capital Trust I), Trust Agreement (Crescent Capital Trust I)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, Date on behalf of the Trust have been duly authorized and, shall have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, Bank or the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 5 contracts
Samples: Trust Agreement (Southern Community Capital Trust I), Trust Agreement (Southern Community Financial Corp), Trust Agreement (Southern Community Financial Corp)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders Holders that:
(a) the Trust Securities Certificates issued on at the Closing Date or Time of Delivery, and at the Option Closing Date, if applicableany, on behalf of the Issuer Trust have been duly authorized and, shall and will have been, been duly and validly executed, issued and delivered by the Administrative Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Issuer Trust (or the Issuer Trustees on behalf of the Issuer Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property either Issuer Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Sterling Bancorp Trust I), Trust Agreement (Seacoast Financial Services Corp), Trust Agreement (Seacoast Financial Services Corp)
Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.subdivision
Appears in 2 contracts
Samples: Trust Agreement (First Banks Inc), Trust Agreement (1st Source Capital Trust Ii)
Representations and Warranties of Depositor. The Depositor Success Bancshares hereby represents and warrants for the benefit of the Securityholders Holders that:
(a) the Trust Securities Certificates issued on at the Closing Date or the Option Closing Date, if applicable, Time of Delivery on behalf of the Trust Success Capital have been duly authorized and, shall and will have been, been duly and validly executed, and, subject to payment therefor, issued and delivered by the Administrative Issuer Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement Agreement, and the Securityholders shall Holders will be, as of each such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust Success Capital (or the Issuer Trustees on behalf of the TrustSuccess Capital) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, either the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
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Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall and will have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
ARTICLE VIII THE TRUSTEES
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Representations and Warranties of Depositor. The Depositor hereby represents and warrants for the benefit of the Securityholders that:
(a) the Trust Securities Certificates issued on the Closing Date or the Option Closing Date, if applicable, on behalf of the Trust have been duly authorized and, shall and will have been, duly and validly executed, issued and delivered by the Administrative Trustees pursuant to the terms and provisions of, and in accordance with the requirements of, this Trust Agreement and the Securityholders shall will be, as of such date, entitled to the benefits of this Trust Agreement; and
(b) there are no taxes, fees or other governmental charges payable by the Trust (or the Trustees on behalf of the Trust) under the laws of the State of Delaware or any political subdivision thereof in connection with the execution, delivery and performance by the Bank, the Property Trustee or the Delaware Trustee, as the case may be, of this Trust Agreement.
Appears in 1 contract