Common use of REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE Clause in Contracts

REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE. SECTION 12.1. Representations and Warranties of the Property Trustee. 54 SECTION 12.2. Representations and Warranties of the Delaware Trustee. 54 ARTICLE 13 MISCELLANEOUS SECTION 13.1. Notices. 55 SECTION 13.2. Governing Law. 56 SECTION 13.3. Intention of the Parties. 56 SECTION 13.4. Headings. 56 SECTION 13.5. Successors and Assigns. 56 SECTION 13.6. Partial Enforceability. 57 SECTION 13.7. Counterparts. 57 EXHIBITS Exhibit A Form of Capital Security Certificate Exhibit B Form of Common Security Certificate AMENDED AND RESTATED TRUST AGREEMENT This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of May 2, 2007 is entered into by and among (i) XXXXXXX XXXXX & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Xxxxx X. Xxxxxxxxxxx III, an individual, Xxxxxxx X. Xxxxx, an individual, and Xxxx X. Xxxxxxx, an individual, each as an administrative trustee and each of whose address is c/o Merrill Xxxxx & Co., Inc., 0 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and (v) the several Holders, as hereinafter defined.

REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE. SECTION 12.1. Representations and Warranties of the Property Trustee. 54 SECTION 12.2. Representations and Warranties of the Delaware Trustee. 54 ARTICLE 13 MISCELLANEOUS SECTION 13.1. Notices. 55 SECTION 13.2. Governing Law. 56 SECTION 13.3. Intention of the Parties. 56 SECTION 13.4. Headings. 56 SECTION 13.5. Successors and Assigns. 56 SECTION 13.6. Partial Enforceability. 57 SECTION 13.7. Counterparts. 57 EXHIBITS Exhibit A Form of Capital Security Certificate Exhibit B Form of Common Security Certificate AMENDED AND RESTATED TRUST AGREEMENT This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of May 2December 14, 2007 2006 is entered into by and among (i) XXXXXXX XXXXX & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Xxxxx X. Xxxxxxxxxxx III, an individual, Xxxxxxx X. Xxxxx, an individual, and Xxxx X. Xxxxxxx, an individual, each as an administrative trustee and each of whose address is c/o Merrill Xxxxx & Co., Inc., 0 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and (v) the several Holders, as hereinafter defined.

REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE. SECTION 12.1. Representations and Warranties of the Property Trustee. 54 SECTION 12.2. Representations and Warranties of the Delaware Trustee. 54 ARTICLE 13 MISCELLANEOUS SECTION 13.1. Notices. 55 SECTION 13.2. Governing Law. 56 SECTION 13.3. Intention of the Parties. 56 SECTION 13.4. Headings. 56 SECTION 13.5. Successors and Assigns. 56 SECTION 13.6. Partial Enforceability. 57 SECTION 13.7. Counterparts. 57 EXHIBITS Exhibit A Form of Capital Security Certificate Exhibit B Form of Common Security Certificate AMENDED AND RESTATED TRUST AGREEMENT This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of May 2August 22, 2007 is entered into by and among (i) XXXXXXX XXXXX & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Xxxxx Xxxxxxx X. Xxxxxxxxxxx IIIXxxxxx, an individual, Xxxxxxx X. Xxxxx, an individual, and Xxxx X. Xxxxxxx, an individual, each as an administrative trustee and each of whose address is c/o Merrill Xxxxx & Co., Inc., 0 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and (v) the several Holders, as hereinafter defined.

REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE. SECTION 12.1. Representations and Warranties of the Property Trustee. 54 SECTION 12.2. Representations and Warranties of the Delaware Trustee. 54 ARTICLE 13 MISCELLANEOUS SECTION 13.1. Notices. 55 SECTION 13.2. Governing Law. 56 SECTION 13.3. Intention of the Parties. 56 SECTION 13.4. Headings. 56 SECTION 13.5. Successors and Assigns. 56 SECTION 13.6. Partial Enforceability. 57 SECTION 13.7. Counterparts. 57 EXHIBITS Exhibit A Form of Capital Security Certificate Exhibit B Form of Common Security Certificate AMENDED AND RESTATED TRUST AGREEMENT This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of May 2August , 2007 is entered into by and among (i) XXXXXXX XXXXX & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Xxxxx Xxxxxxx X. Xxxxxxxxxxx IIIXxxxxx, an individual, Xxxxxxx X. Xxxxx, an individual, and Xxxx X. Xxxxxxx, an individual, each as an administrative trustee and each of whose address is c/o Merrill Xxxxx & Co., Inc., 0 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and (v) the several Holders, as hereinafter defined.

REPRESENTATIONS OF PROPERTY TRUSTEE AND DELAWARE TRUSTEE. SECTION 12.1. Representations and Warranties of the Property Trustee. 54 SECTION 12.2. Representations and Warranties of the Delaware Trustee. 54 ARTICLE 13 MISCELLANEOUS SECTION 13.1. Notices. 55 SECTION 13.2. Governing Law. 56 SECTION 13.3. Intention of the Parties. 56 SECTION 13.4. Headings. 56 SECTION 13.5. Successors and Assigns. 56 SECTION 13.6. Partial Enforceability. 57 SECTION 13.7. Counterparts. 57 EXHIBITS Exhibit A Form of Capital Security Certificate Exhibit B Form of Common Security Certificate AMENDED AND RESTATED TRUST AGREEMENT This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of May 2April , 2007 is entered into by and among (i) XXXXXXX XXXXX & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Xxxxx X. Xxxxxxxxxxx III, an individual, Xxxxxxx X. Xxxxx, an individual, and Xxxx X. Xxxxxxx, an individual, each as an administrative trustee and each of whose address is c/o Merrill Xxxxx & Co., Inc., 0 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 and (v) the several Holders, as hereinafter defined.