Supplemental Trust Agreement. The Grantor and the Trustee may, at any time and from time to time, without the consent of the Holders of the Trust Preferred Securities, enter into one or more agreements supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another partnership, corporation or other entity to the Grantor and the assumption by any such successor of the covenants of the Grantor herein contained; or
(b) to add to the covenants of the Grantor for the benefit of the Holders of the Trust Preferred Securities, or to surrender any right or power herein conferred upon the Grantor; or
(i) to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or (ii) to make any other provisions with respect to matters or questions arising under this Trust Agreement, provided that any such action taken under subsection (c)(ii) hereof shall not materially adversely affect the interests of the Holders of the Trust Preferred Securities; or
(d) to cure any ambiguity or correct any mistake. Any other amendment or agreement supplemental hereto must be in writing and approved by Holders of 66 2/3% of the then outstanding Trust Preferred Securities.
Supplemental Trust Agreement. The Grantor and the Trustee may, at any time and from time to time, without the consent of the Holders of the Trust Preferred Securities, amend or supplement this Trust Agreement, in form satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another partnership, corporation or other entity to the Grantor and the assumption by any such successor of the covenants of the Grantor herein contained; or
(b) to add to the covenants of the Grantor for the benefit of the Holders of the Trust Preferred Securities, or to surrender any right or power herein conferred upon the Grantor; or
(i) to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or (ii) to make any other provisions with respect to matters or questions arising under this Trust Agreement, provided that any such action taken shall not materially adversely affect the interests of the Holders of the Trust Preferred Securities;
(d) to cure any ambiguity or correct any mistake; or
(e) to provide for the issuance of multiple series of Trust Preferred Securities and to make such related changes to this Trust Agreement as shall be necessary or desirable to provide for the issuance of more than one series of Trust Preferred Securities provided that any such provision shall not result in a Tax Event. Any other amendment or agreement supplemental hereto must be in writing and approved by Holders of a Majority in liquidation amount of the then outstanding Trust Preferred Securities. In executing, or accepting the additional trusts created by, any supplemental agreement permitted by this Article or the modifications thereby of the trusts created by this Trust Agreement, the Trustee shall be entitled to receive, and (subject to Section 6.02) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental agreement is authorized or permitted by this Trust Agreement. The Trustee may, but shall not be obligated to, enter into any such supplemental agreement which affects the Trustee’s own rights, duties or immunities under this Trust Agreement or otherwise.
Supplemental Trust Agreement. The Grantor and the Trustee may, at any time and from time to time, without the consent of the Holders of the Trust Preferred Securities, enter into one or more agreements supplemental to the Trust Agreement, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another partnership, corporation or other entity to the Grantor and the assumption by any such successor
(i) to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein or (ii) to make any other provisions with respect to matters or questions arising under the Trust Agreement, provided that any such action taken under subsection (ii) hereof shall not materially adversely affect the interests of the Holders of the Trust Preferred Securities; or (d) to cure any ambiguity or correct any mistake. Any other amendment or agreement supplemental hereto must be in writing and approved by Holders of 66 2/3% of the then outstanding Trust Preferred Securities.
Supplemental Trust Agreement. The Grantor and the Trustee may, at any time and from time to time, without the consent of the Holders of the Trust Preferred Securities, amend or supplement the Trust Agreement, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another partnership, corporation or other entity to the Grantor and the assumption by any such successor of the covenants of the Grantor contained therein; (b) to add to the covenants of the Grantor for the benefit of the Holders of the Trust Preferred Securities, or to surrender any right or power therein conferred upon the Grantor; (c)
(i) to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein or (ii) to make any other provisions with respect to matters or questions arising under the Trust Agreement, provided that any such action shall not materially adversely affect the interests of the Holders of the Trust Preferred Securities; (d) to cure any ambiguity or correct any mistake; or (e) to provide for the issuance of multiple series of Trust Preferred Securities and to make such related changes to this Trust Agreement as shall be necessary or desirable to provide for the issuance of more than one series of Trust Preferred Securities, provided that any such provision shall not result in a Tax Event. Any other amendment or agreement supplemental thereto must be in writing and approved by Holders of more than 50% in liquidation amount of the then outstanding Trust Preferred Securities.
Supplemental Trust Agreement. The Trustee is authorized to execute any supplemental agreement on behalf of the Trust, in its capacity as trustee, to give effect to amendments to this Agreement made pursuant to this Article Eight. ARTICLE NINE DISTRIBUTION OF TRUST PROPERTY AND TERMINATION OF TRUST ACTIVITIES
Supplemental Trust Agreement. The Grantor or the General Partner may, and the Trustee shall, at any time and from time to time, without the consent of the Holders, enter into one or more agreements supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to evidence the succession of another partnership, corporation or other entity to the Grantor or the General Partner and the assumption by any such successor of the covenants of the Grantor or the General Partner herein contained; or (b) to add to the covenants of the Grantor or the General Partner for the benefit of the
(i) to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or (ii) to make any other provisions with respect to matters or questions arising under this Trust Agreement, provided that any such action taken under subsection (ii) hereof shall not materially adversely affect the interests of the Holders; or (d) to cure any ambiguity or correct any mistake. Any other amendment or agreement supplemental hereto must be in writing and approved by Holders of 66-2/3% of the then outstanding Receipts.
Supplemental Trust Agreement. The Grantor or the General Partner may, and the Trustee shall, at any time and from time to time, without the consent of the Holders, enter into one or more agreements supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another partnership, corporation or other entity to the Grantor or the General Partner and the assumption by any such successor of the covenants of the Grantor or the General Partner herein contained; or
(b) to add to the covenants of the Grantor or the General Partner for the benefit of the Holders, or to surrender any right or power herein conferred upon the Grantor or the General Partner; or
(i) to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or (ii) to make any other provisions with respect to matters or questions arising under this Trust Agreement, provided that any such action taken under subsection (c)(ii) hereof shall not materially adversely affect the interests of the Holders; or
Supplemental Trust Agreement. (a) New York Ceding Company and Reinsurer shall enter into a New York Supplemental Trust Agreement in the form attached hereto as Exhibit D, to be effective concurrently with this New York Reinsurance Agreement. The New York Supplemental Trust Agreement shall contain those provisions necessary to effect the terms and conditions of this New York Reinsurance Agreement and shall comply with the requirements of the State of New York but not be subject to New York Regulation 114. Reinsurer shall establish in accordance with such New York Supplemental Trust Agreement a supplemental trust account (the “Supplemental Trust Account”) with an independent financial institution reasonably acceptable to New York Ceding Company for the sole use and benefit of New York Ceding Company, for so long as there are New York Insurance Policies reinsured under this Agreement. 10
(b) On or before the Closing Date, Reinsurer shall deposit assets into the Supplemental Trust Account consisting of assets in compliance with the Investment Guidelines with an aggregate fair market value equal to or exceeding five percent (5%) of the Trust Amount as of the Effective Time. The New York Supplemental Trust Agreement shall be maintained as overcollateralization of Reinsurer’s obligations hereunder, and shall at all times be maintained at a minimum level of five percent (5%) of the Trust Amount.
(c) The assets in the Supplemental Trust Account shall be valued according to their current fair market value. Reinsurer will direct the trustee to invest or reinvest the trust assets in accordance with the Investment Guidelines set forth in Exhibit C or as otherwise agreed upon by New York Ceding Company and Reinsurer.
(d) Prior to depositing assets with the trustee, Reinsurer shall execute assignments, endorsements in blank or transfer legal title to the trustee of all shares, obligations or any other assets requiring assignments, in order that New York Ceding Company (or the trustee at the direction of New York Ceding Company) may whenever necessary negotiate the trust assets without the consent or signature of Reinsurer or any other entity.
(e) New York Ceding Company shall have the right to withdraw assets from the Supplemental Trust Account established pursuant to this Section 4.3 only at such time as the assets in the Reg 114 Trust Account established pursuant to Section 4.2 are insufficient to satisfy New York Ceding Company’s authorized uses set forth in Section 4.4 and after prior notice to R...
Supplemental Trust Agreement. The Grantor or the General Partner may, and the Trustee shall, at any time and from time to time, without the consent of the Holders, enter into one or more agreements supplemental hereto, in form satisfactory to
(i) to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein or (ii) to make any other provisions with respect to matters or questions arising under this Trust Agreement, provided that any such action taken under subsection (ii) hereof shall not materially adversely affect the interests of the Holders; or (d) to cure any ambiguity or correct any mistake. Any other amendment or agreement supplemental hereto must be in writing and approved by Holders of 66-2/3% of the then outstanding Capital Securities.
Supplemental Trust Agreement. The term “
