Common use of Rights in Other Capacities Clause in Contracts

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 39 contracts

Samples: Purchase Contract and Pledge Agreement (South Jersey Industries Inc), Purchase Contract and Pledge Agreement (Spire Inc), Purchase Contract and Pledge Agreement (American Electric Power Co Inc)

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Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 17 contracts

Samples: Pledge Agreement (Public Service Co of New Mexico), Pledge Agreement (PNM Resources Inc), Pledge Agreement (PNM Resources Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentAgent or the Securities Intermediary, as the case may be, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 16 contracts

Samples: Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (American Electric Power Co Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgeCollateral.

Appears in 15 contracts

Samples: Pledge Agreement (Great Plains Energy Inc), Pledge Agreement (Great Plains Energy Inc), Pledge Agreement (Txu Capital Iv)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 12 contracts

Samples: Pledge Agreement (El Paso Capital Trust Ii), Pledge Agreement (Vec Trust Ii), Pledge Agreement (Ucu Capital Trust I)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 9 contracts

Samples: Pledge Agreement (Union Planters Corp), Pledge Agreement (Platinum Underwriters Holdings LTD), Pledge Agreement (Platinum Underwriters Holdings LTD)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 8 contracts

Samples: Pledge Agreement (Xl Capital LTD), Pledge Agreement (Motorola Inc), Pledge Agreement (Ameren Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Equity Units without having to account for the same to the Company; provided provided, that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgeCollateral.

Appears in 8 contracts

Samples: Pledge Agreement (Florida Power & Light Co), Pledge Agreement (Florida Power & Light Co), Pledge Agreement (Florida Power & Light Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Equity Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgeCollateral.

Appears in 8 contracts

Samples: Pledge Agreement (Florida Power & Light Co), Pledge Agreement (Nextera Energy Inc), Pledge Agreement (Nextera Energy Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Company, the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 7 contracts

Samples: Purchase Contract and Pledge Agreement (Nisource Inc.), Purchase Contract and Pledge Agreement (Nisource Inc.), Purchase Contract and Pledge Agreement (Aes Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 7 contracts

Samples: Pledge Agreement (Apco Argentina Inc/New), Pledge Agreement (State Street Corp), Pledge Agreement (Williams Companies Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of New Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of New Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgeCollateral.

Appears in 5 contracts

Samples: Pledge Agreement (Florida Power & Light Co), Pledge Agreement (Florida Power & Light Co), Pledge Agreement (FPL Group Capital Inc)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentIssuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 4 contracts

Samples: Collateral Agreement (SunTrust Preferred Capital I), Collateral Agreement (Suntrust Banks Inc), Collateral Agreement (Goldman Sachs Capital Ii)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgePledge and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other assets of such Person.

Appears in 3 contracts

Samples: Pledge Agreement (Oneok Inc /New/), Pledge Agreement (Oneok Inc /New/), Pledge Agreement (Oneok Inc /New/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Debentures (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Debentures without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 3 contracts

Samples: Pledge Agreement (Anthem Inc), Pledge Agreement (Solectron Corp), Pledge Agreement (Anthem Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 3 contracts

Samples: Pledge Agreement (Pmi Group Inc), Pledge Agreement (Pmi Group Inc), Pledge Agreement (Pmi Group Inc)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentIssuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided provided, however, that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 3 contracts

Samples: Collateral Agreement (Wells Fargo & Co/Mn), Collateral Agreement (Wells Fargo & Co/Mn), Collateral Agreement (National City Corp)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the CompanyCorporation) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentTrust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the CompanyCorporation; provided that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company Corporation that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 3 contracts

Samples: Collateral Agreement, Collateral Agreement (Bank of America Corp /De/), Collateral Agreement (Bank of America Corp /De/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it they were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Company, the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 3 contracts

Samples: Pledge Agreement (Teekay Shipping Corp), Pledge Agreement (Phoenix Companies Inc/De), Pledge Agreement (Scottish Annuity & Life Holdings LTD)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker’s lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 3 contracts

Samples: Pledge Agreement (Xl Capital LTD), Pledge Agreement (Unumprovident Corp), Pledge Agreement (Unumprovident Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor therefore to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Stock Purchase Contract Agent, any other Person interested herein and any Holder of Common Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Stock Purchase Contract Agent and any Holder of Common Equity Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 3 contracts

Samples: Pledge Agreement (Metlife Inc), Pledge Agreement (Metlife Inc), Pledge Agreement (Metlife Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 3 contracts

Samples: Pledge Agreement (St Paul Companies Inc /Mn/), Pledge Agreement (Gabelli Asset Management Inc), Pledge Agreement (Alltel Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Income PRIDES or Growth PRIDES and any Holder holder of Separate Preferred Shares (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Income PRIDES or Growth PRIDES or any holder of Separate Preferred Shares without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Ace LTD), Pledge Agreement (Ace LTD)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Capital Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Capital Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Metlife Inc), Pledge Agreement (Metlife Capital Trust I)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Electronic Data Systems Corp /De/), Pledge Agreement (Electronic Data Systems Corp /De/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Capital Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Capital Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than assets of any such Person. The parties to this Agreement hereby agree that the lien created by same Person may act as Collateral Agent hereunder and as Purchase Contract Agent under the PledgePurchase Contract Agreement.

Appears in 2 contracts

Samples: Pledge Agreement (Prudential Financial Inc), Pledge Agreement (Prudential Financial Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Stock Purchase Contract Agent, any other Person interested herein and any Holder of Common Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Stock Purchase Contract Agent and any Holder of Common Equity Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American International Group Inc), Stock Purchase Agreement (Metlife Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentAgent or the Securities Intermediary, as the case may be, any other Person interested herein and any Holder of PIES (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of PIES without having to account for the same to the Company; provided PROVIDED that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Pledge Agreement (Sierra Pacific Resources), Pledge Agreement (Sierra Pacific Resources Capital Trust Ii)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Normal Units or Stripped Units and any Holder holder of Separate Debt Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Normal Units or Stripped Units or any holder of Separate Debt Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Dte Energy Co), Pledge Agreement (Dte Energy Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Forward Purchase Contract Agent, any other Person interested herein Holder of DECS and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Forward Purchase Contract Agent and Agent, any Holder of DECS or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Capital One Financial Corp), Pledge Agreement (Solutia Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Equity Security Units or Stripped Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Equity Security Units or Stripped Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (El Paso Corp/De), Pledge Agreement (El Paso Corp/De)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentAgent or the Securities Intermediary, as the case may be, any other Person interested herein and any Holder of PIES (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of PIES without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Pledge Agreement (Sierra Pacific Resources /Nv/), Pledge Agreement (Sierra Pacific Resources /Nv/)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary and the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Warrant Agent, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent Securities Intermediary or the Securities IntermediaryCustodial Agent, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Custodial Agent and their affiliates may accept fees and other consideration from the Purchase Contract Warrant Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Securities Intermediary, the Collateral Agent, Agent and the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Pledge Agreement (Citizens Communications Co), Pledge Agreement (Citizens Communications Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Equity Security Units or Stripped Equity Security Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Equity Security Units or Stripped Equity Security Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Dte Energy Co), Pledge Agreement (Dte Energy Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Income PRIDES or Growth PRIDES and any Holder holder of Separate Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Income PRIDES or Growth PRIDES or any holder of Separate Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Affiliated Managers Group Inc), Pledge Agreement (Affiliated Managers Group Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Preferred Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 2 contracts

Samples: Pledge Agreement (Lincoln National Corp), Pledge Agreement (Lincoln National Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor therefore to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Stock Purchase Contract Agent, any other Person interested herein and any Holder of MCAPS (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Stock Purchase Contract Agent and any Holder of MCAPS without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Collateral Agreement (Lehman Brothers Holdings Inc), Collateral Agreement (Lehman Brothers Holdings Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Purchase Contract and Pledge Agreement (Legg Mason Inc), Purchase Contract and Pledge Agreement (Assured Guaranty LTD)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of HiMEDS Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of HiMEDS Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Purchase Contract and Pledge Agreement (Avery Dennison Corporation), Purchase Contract and Pledge Agreement (Bankunited Financial Corp)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentTrust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 2 contracts

Samples: Collateral Agreement (Us Bancorp \De\), Collateral Agreement (Us Bancorp \De\)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor therefore to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Note Purchase Contract Agent, any other Person interested herein and any Holder (and of Contingent Convertible Units(and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Note Purchase Contract Agent and any Holder of Contingent Convertible Units without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Cemex Sab De Cv)

Rights in Other Capacities. The Collateral Agent, -------------------------- the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Duke Energy Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Capital Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Capital Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Cox Communications Inc /De/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract SQUARZ Agent, any other Person interested herein Holder and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and SQUARZ Agent, any Holder or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Berkshire Hathaway Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Capital Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Capital Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Kaufman & Broad Home Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Preferred Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Boise Cascade Corp)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentIssuer Trust, any other Person interested herein and any Holder of Capital Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Issuer Trust, any other Person interested herein and any Holder of Capital Securities without having to account for the same to the Company; provided provided, however, that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Collateral Agreement (State Street Corp)

Rights in Other Capacities. The Collateral Agent, the --------------------------- Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Sprint Corp)

Rights in Other Capacities. The Collateral Agent, the --------------------------------------- Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Raytheon Co/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Raytheon Co/)

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Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker’s lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Ameren Capital Trust Ii)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Forward Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Forward Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Cendant Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Forward Purchase Contract Agent, any other Person interested herein Holder of Income PRIDES or Growth PRIDES and any Holder holder of Separate Preferred Stock (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Forward Purchase Contract Agent and Agent, any Holder of Income PRIDES or Growth PRIDES or any holder of Separate Preferred Stock without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Provident Financial Group Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the CompanyTECO) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Units and any Holder holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Units or any holder of Separate Trust Preferred Securities without having to account for the same to the CompanyTECO; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company TECO that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Teco Energy Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or of affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Semco Energy Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor therefore to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Stock Purchase Contract Agent, any other Person interested herein and any Holder of Common SPACES (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Stock Purchase Contract Agent and any Holder of Common SPACES without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Marshall & Ilsley Corp/Wi/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of such Person.

Appears in 1 contract

Samples: Pledge Agreement (Oneok Inc /New/)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Notes without having to account for the same to the Company; provided PROVIDED that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Kansas City Southern Industries Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Stock Purchase Contract Agent, any other Person interested herein and any Holder of Common Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Stock Purchase Contract Agent and any Holder of Common Equity Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Metlife Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Capital Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Capital Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (KBHC Financing I)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of Separate Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of Separate Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Centurytel Inc)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary and the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Purchase Contract Agent, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent Securities Intermediary or the Securities IntermediaryCustodial Agent, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Custodial Agent and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Securities Intermediary, the Collateral Agent, Agent and the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Pp&l Capital Funding Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the CompanyCorporation) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder without having to account for the same to the CompanyCorporation; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company Corporation that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Algonquin Power & Utilities Corp.)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally COLLATERAL AGREEMENT engage in any kind of banking, trust or other business with the Purchase Contract AgentIssuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided provided, however, that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Collateral Agreement (Mellon Financial Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Forward Purchase Contract Agent, any other Person interested herein Holder of Equity Units or Stripped Units and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Forward Purchase Contract Agent and Agent, any Holder of Equity Units or Stripped Units or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (American Electric Power Co Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it they were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, Intermediary as the case may be, and the Collateral Agent, the Custodial Agent, Agent or the Securities Intermediary and their affiliates may accept fees and other consideration from the Company, the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral Custodial Agent, the Custodial Collateral Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the PledgePledge or statutory lien in favor of the Securities Intermediary.

Appears in 1 contract

Samples: Pledge Agreement (Scottish Re Group LTD)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary #Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentTrust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Collateral Agreement (Wachovia Corp New)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Company, the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Company, the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge, except that the Collateral Agent shall have a lien prior to the Company to secure amounts due under Section 15.08 hereof.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Ugi Corp /Pa/)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary and the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Securities (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent Securities Intermediary or the Securities IntermediaryCustodial Agent, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and the Custodial Agent and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Securities without having to account for the same to the Company; provided that each of the Securities Intermediary, the Collateral Agent, Agent and the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (PPL Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Upper DECS or Stripped DECS and any Holder holder of Separate Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Upper DECS or Stripped DECS or any holder of Separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Temple Inland Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Warrant Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Warrant Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Chubb Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor therefore to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Equity Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind Encumbrance in or upon the Collateral other than the lien created by the PledgeCollateral.

Appears in 1 contract

Samples: Pledge Agreement (American International Group Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Agent and any Holder of Equity Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Equity Units without having to account for the same to the Company; provided provided, that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.Collateral. DB 1/ 148045215.3

Appears in 1 contract

Samples: Pledge Agreement (Florida Power & Light Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.Non-reliance on the

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Entergy Mississippi Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Income PRIDES or Growth PRIDES and any Holder holder of Other Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Income PRIDES or Growth PRIDES or any holder of Other Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Affiliated Managers Group Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may bemaybe, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Supervalu Inc)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Duke Energy Corp)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein and any Holder (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent and the Securities Intermediary covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Southern Co)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may may. (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentAgent or the Securities Intermediary, as the case may be, any other Person interested herein and any Holder of Units (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and any Holder of Units without having to account for the same to the Company; provided that each of the Collateral Agent, the Custodial Agent Securities Intermediary and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Pledge Agreement (Dqe Capital Corp)

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Registrar and their affiliates Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract AgentTrust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or affiliatesAffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities IntermediaryRegistrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Intermediary Registrar and their affiliates Affiliates may accept fees and other consideration from the Purchase Contract Agent Trust, any other Person interested herein Collateral Agreement and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Registrar, the Securities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Appears in 1 contract

Samples: Collateral Agreement (Us Bancorp \De\)

Rights in Other Capacities. The Collateral Agent, the Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Notes (and any of their respective subsidiaries sub sidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segre gated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Sprint Corp)

Rights in Other Capacities. The Collateral Agent, the -------------------------- Custodial Agent and the Securities Intermediary and their affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Purchase Contract Agent, any other Person interested herein Holder of Securities and any Holder holder of separate Senior Notes (and any of their respective subsidiaries or affiliates) as if it were not acting as the Collateral Agent, the Custodial Agent or the Securities Intermediary, as the case may be, and the Collateral Agent, the Custodial Agent, Agent and the Securities Intermediary and their affiliates may accept fees and other consideration from the Purchase Contract Agent and Agent, any Holder of Securities or any holder of separate Senior Notes without having to account for the same to the Company; provided that each of the Collateral AgentSecurities Intermediary, the Custodial Agent and the Securities Intermediary Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated or the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Appears in 1 contract

Samples: Pledge Agreement (Duke Energy Corp)

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