The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $[ ] Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 6 contracts

Samples: Trust Agreement (Goldman Sachs Capital V), Trust Agreement (Goldman Sachs Group Inc/), Trust Agreement (Goldman Sachs Group Inc/)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in minimum denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust,~~ Trust shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the ~~Depositor~~ Sponsor in the form of a definitive Common Securities Certificate.

Appears in 6 contracts

Samples: Declaration of Trust (BEE Financing Trust III), Declaration of Trust (CT Public Preferred Trust III), Declaration of Trust (Strategic Hotels & Resorts, Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 6 contracts

Samples: Trust Agreement (Banponce Corp), Trust Agreement (Compass Trust Ii), Trust Agreement (Northern Trust Corp)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 5 contracts

Samples: Trust Agreement (Fifth Third Bancorp), Trust Agreement (Fifth Third Capital Trust Iv), Trust Agreement (Dime Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 5 contracts

Samples: Trust Agreement (Mbna Capital V), Trust Agreement (Mbna Capital V), Trust Agreement (Mbna Capital V)

The Trust Securities Certificates. (a) The ~~Capital~~ Trust Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder,~~ Holder and shall be entitled to the rights and subject to the obligations of a Holder ~~hereunder,~~ hereunder upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Trust Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Trust Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 5 contracts

Samples: Trust Agreement (South Carolina Electric & Gas Co), Trust Agreement (Sce&g Trust I), Trust Agreement (Scana Corp)

The Trust Securities Certificates. (a) The Capital Securities Certificates ~~and the Common Securities Certificates~~ shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates which initially shall bear a Restricted Capital Securities Legend, registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ the Depositary's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of Depositary or to a successor of the ~~Depositor and the Administrative Trustees~~Depository or its nominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 4 contracts

Samples: Trust Agreement (Peoples Bancorp of North Carolina Inc), Trust Agreement (Crescent Banking Co), Trust Agreement (CCF Holding Co)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Capital Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (J P Morgan Chase & Co), Trust Agreement (Chase Manhattan Corp /De/), Trust Agreement (First Tennessee National Corp)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $10 Liquidation Amount and integral multiples of $10 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 10 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual~~ manual, facsimile or ~~facsimile~~ imprinted signature of at least one Administrative ~~Trustee~~Trustee and the Property Trustee shall authenticate and register the Preferred Securities Certificates, except as provided in Section 503. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5.~~Sections 504 and 511A. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of the Depositary and registered in the name of ~~DTC~~the Depositary or Depositary's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depositary to a nominee of the Depositary or ~~its~~ by a nominee ~~and deposited with DTC~~ of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor of such Depositary or a ~~custodian for DTC for credit by DTC to the respective accounts~~ nominee of ~~the Owners thereof (or~~ such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteessuccessor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (Metropolitan Capital Trust I), Trust Agreement (Metropolitan Financial Corp /Oh/), Trust Agreement (Metropolitan Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by the Securities Registrar or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (Superior Bancorp), Declaration of Trust and Trust Agreement (Popular Inc), Exchange Agreement

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Preferred Capital Securities Certificates shall be issued in the form of one or more Global Preferred Capital Securities ~~Certificates~~ Certificates, registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ the Depositary’s nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Preferred Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of Depositary or to a successor of the ~~Depositor and the Administrative Trustees~~Depository or its nominee. (c) A ~~single~~ Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (Centerstate Banks of Florida Inc), Trust Agreement (SBCF Capital Trust IV), Declaration of Trust (HMB Capital Trust III)

The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ . Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (Keycorp Capital V), Trust Agreement (Keycorp Capital V), Trust Agreement (Keycorp Capital V)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates which initially shall bear a Restricted Capital Securities Legend, registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ the Depositary's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of Depositary or to a successor of the ~~Depositor and the Administrative Trustees~~Depository or its nominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (Southern Community Bancshares Inc /Ga), Trust Agreement (Community Financial Holding Co Inc), Trust Agreement (Assuranceamerica Corp)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $_____ Liquidation Amount and integral multiples of $_____ in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ _____ Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (First Tennessee Capital Iv), Trust Agreement (First Tennessee Capital Iv), Trust Agreement (First Tennessee Capital Iv)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of the Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and ~~integral~~ multiples ~~thereof~~thereof (which may, in the case of the Common Securities, include fractional amounts). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Sections 504, 511 and 513. Section ~~5.5~~503. Execution, Authentication and Delivery of Trust Securities Certificates. (a) On the Closing Date and on any date on which the underwriters exercise their over-allotment option, as applicable (an "Option Closing Date"), the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Vice President or its Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E attached hereto~~, with such changes, insertions, notations and legends (if other than as contemplated~~ . The signature shall be conclusive evidence that the Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the date of its authentication. Upon the written order of the Trust signed by ~~Exhibit C) as may be deemed appropriate by the Depositor and~~ one of the Administrative Trustees~~. (c) A single Common~~ , the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. The Property Trustee may appoint an Authenticating Agent acceptable to the ~~Depositor~~ Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the ~~form of a definitive Common Securities Certificate~~Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Company or the Trust.

Appears in 3 contracts

Samples: Trust Agreement (Wintrust Capital Trust Ii), Trust Agreement (Private Bancorp Capital Trust I), Trust Agreement (Ifc Capital Trust Ii)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum blocks of at least 100 (representing a minimum of $100,000 aggregate Liquidation Amount and multiples of $1,000 in excess thereof), and shall be at all times held in minimum blocks of 100, and the Common Securities Certificates shall be issued in ~~denominations~~ minimum blocks of 100 (representing a minimum of $~~[ ]~~ 100,000 aggregate Liquidation ~~Amount and integral multiples thereof~~Amount). The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator except as provided in Section 5.3. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of ~~one or more~~ a Global Capital Securities ~~Certificates~~ Certificate registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ Depositary's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital ~~Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ Security may be ~~deemed appropriate by the Depositor and the Administrative Trustees~~transferred, in whole or in part, only to another nominee of Depository or to a successor of Depository or its nominee. (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall be issued in definitive form and may not be represented by the Global Capital Security. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 3 contracts

Samples: Trust Agreement (FCB/Sc Capital Trust I), Trust Agreement (Provident Trust I), Trust Agreement (FCB Nc Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of such Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. The Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 504, 511 and 514. (a) On the Closing Date and, if applicable, the Option Closing Date, as such term is defined in the Underwriting Agreement, the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by the manual or facsimile signature of at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Senior Vice President, the Treasurer or any Assistant Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E hereto~~, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may~~ . The signature shall be ~~deemed appropriate by~~ conclusive evidence that the ~~Depositor and~~ Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the ~~Administrative Trustees~~date of its authentication. (c) ~~A single Common~~ Upon the written order of the Trust signed by one of the Administrative Trustees, the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. (d) The Property Trustee may appoint an Authenticating Agent acceptable to the Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Depositor in or the ~~form of a definitive Common Securities Certificate~~Trust.

Appears in 2 contracts

Samples: Trust Agreement (Team Financial Capital Trust I), Trust Agreement (First Busey Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Trust Preferred Securities Certificates shall be issued in minimum denominations of $25.00 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25.00 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Trust Preferred Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Mbna Corp), Trust Agreement (Mbna Corp)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $100,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates ~~shall~~ may be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Colonial Capital Ii), Trust Agreement (Colonial Bancgroup Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25.00 Liquidation Amount and integral multiples of $25.00 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25.00 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this ~~Trust Agreement~~Declaration of Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the ~~Depositor~~ Sponsor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Declaration of Trust (Privatebancorp, Inc), Declaration of Trust (Privatebancorp, Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $100,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Rule 144A Capital Securities ~~Certificates~~ shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of ~~DTC, as Clearing Agency, or its~~ the nominee ~~and deposited with DTC or a custodian for~~ of DTC for credit ~~by DTC~~ to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities (if any) shall be issued only in certificated form. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Keycorp Institutional Capital A), Trust Agreement (Keycorp Institutional Capital B)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital Securities Certificates and the Common~~ Preferred Securities Certificates shall be issued in minimum denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificate shall be issued in an aggregate Liquidation Amount of $[5,152,950]. The ~~Trust~~ Depositor directs that the Preferred Securities Certificates shall not be registered in the name of the Depositor, but that such Preferred Securities Certificates shall be issued and delivered to holders of the outstanding shares of Essex Common Stock in accordance with the procedures described in Section 2.07 of the Merger Agreement. The Preferred Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and shall be authenticated by the Property Trustee. The Common Securities Certificate shall be executed on behalf of the Trust by manual signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time ~~when~~ such signatures ~~shall have been~~ were affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this ~~Trust Agreement~~Declaration, notwithstanding the fact that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Declaration of Trust (Superior Trust I), Declaration of Trust (Superior Trust I)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of Ten Dollars ($10) Liquidation Amount and integral multiples of Ten Dollars ($10) in excess thereof, and the Common Securities Certificates shall be issued in minimum denominations of Ten Dollars ($~~[ ]~~ 10) Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual~~ manual, facsimile or ~~facsimile~~ imprinted signature of at least one Administrative ~~Trustee~~Trustee and the Property Trustee shall authenticate and register the Preferred Securities Certificates. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5.~~Sections 504 and 511A. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of the Depository and registered in the name of ~~DTC~~the Depository or Depository's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depository to a nominee of the Depository or ~~its~~ by a nominee ~~and deposited with DTC or a custodian for DTC for credit by DTC~~ of the Depository to the ~~respective accounts~~ Depository or another nominee of the ~~Owners thereof (~~depository or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the ~~Depositor and the Administrative Trustees~~Depository to any such nominee to a successor of such Depository on a nominee of such successor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Southern Community Financial Corp), Trust Agreement (Southern Community Financial Corp)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25.00 Liquidation Amount and integral multiples of $25.00 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25.00 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one ~~Administrative~~ Regular Trustee and authenticated by the Property Trustee. Preferred Securities initially will be represented by one or more certificates in registered global form (the "Global Certificates"). Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5. (b) Upon their original issuance~~5.4. By acceptance of a Preferred Security, ~~Capital~~ each Securityholder covenants for federal income tax purposes to treat the Debt Securities ~~Certificates shall be issued~~ as indebtedness of the Parent and to treat the Preferred Securities as evidence of a beneficial ownership interest in the ~~form of one or more Global Capital~~ Debt Securities ~~Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or~~ through a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteesgrantor trust. ~~(c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.~~

Appears in 2 contracts

Samples: Trust Agreement (Senior Housing Properties Trust), Trust Agreement (Senior Housing Properties Trust)

The Trust Securities Certificates. ~~(a)~~ Execution and Delivery --------------------------------------------------------- Thereof. The Capital Securities Certificates shall be issued in denominations of ------- $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5.~~ SECTIONS 5.4, 5.11 and 5.13. At the initial Closing Date, the Administrative Trustees, or any of them, shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 2.4 and 2.5, to be executed on behalf of the Trust and delivered (bi) ~~Upon their original issuance,~~ with respect to the Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the ~~respective accounts of~~ Initial Purchaser, against payment therefor, pursuant to the ~~Owners thereof~~ Purchase Agreement and (~~or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto,~~ ii) with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing respect to the Common Securities ~~shall be issued~~ Certificates, to the ~~Depositor~~ Depositor, in each case, without further corporate action by the Depositor, in authorized denominations. To the extent subsequent Tranches of Securities are issued on subsequent Closing Dates, as provided in SECTIONS 2.4 and 2.5 an Administrative Trustee shall cause Trust Securities Certificates in the ~~form~~ applicable aggregate Liquidation Amount to be executed and delivered on behalf of ~~a definitive Common Securities~~ the Trust pursuant to the procedures set forth in an Officers' Certificate.

Appears in 2 contracts

Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates ~~and the Common Securities Certificates~~ shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator except as provided in Section 5.3. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ Depositary's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by the Depositor and the Administrative Trustees~~transferred, in whole or in part, only to another nominee of Depositary or to a successor of Depository or its nominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Southern Bancshares Nc Inc), Trust Agreement (MBNK Capital Trust I)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of Ten Dollars ($10) Liquidation Amount and integral multiples of Ten Dollars ($10) in excess thereof, and the Common Securities Certificates shall be issued in denominations of Ten Dollars ($~~[ ]~~ 10) Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual~~ manual, facsimile or ~~facsimile~~ imprinted signature of at least one Administrative ~~Trustee~~Trustee and the Property Trustee shall authenticate and register the Preferred Securities Certificates. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5.~~Sections 504 and 511A. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of the Depository and registered in the name of ~~DTC~~the Depository or Depository's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depository to a nominee of the Depository or ~~its~~ by a nominee ~~and deposited with DTC or a custodian for DTC for credit by DTC~~ of the Depository to the ~~respective accounts~~ Depository or another nominee of the ~~Owners thereof (~~depository or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the ~~Depositor and the Administrative Trustees~~Depository to any such nominee to a successor of such Depository on a nominee of such successor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Southern Community Capital Trust I), Trust Agreement (Southern Community Financial Corp)

Appears in 2 contracts

Samples: Trust Agreement (Merry Land Capital Trust), Trust Agreement (Merry Land Properties Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with ~~DTC or a custodian for~~ DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall not be issued ~~substantially~~ in the form of ~~Exhibit C hereto, with~~ a Book-Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Bny Capital V), Trust Agreement (NTC Capital Iii)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual signature or facsimile ~~signature~~ of at least one Administrative Trustee. Trust Securities Certificates bearing the manual signatures or ~~facsimile signatures~~ facsimiles of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Popular North America Capital Trust Iii), Trust Agreement (Popular North America Capital Trust I)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Zions Capital Trust C), Trust Agreement (Zions Capital Trust B)

The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ · Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (KeyCorp Capital VIII), Trust Agreement (KeyCorp Capital VIII)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $10 Liquidation Amount and integral multiples of $10 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 10 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual~~ manual, facsimile or ~~facsimile~~ imprinted signature of at least one Administrative ~~Trustee~~Trustee and the Property Trustee shall authenticate and register the Preferred Securities Certificates. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5.~~Sections 504 and 511A. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of the Depositary and registered in the name of ~~DTC~~the Depositary or Depositary's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depositary to a nominee of the Depositary or ~~its~~ by a nominee ~~and deposited with DTC~~ of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor of such Depositary or a ~~custodian for DTC for credit by DTC to the respective accounts~~ nominee of ~~the Owners thereof (or~~ such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteessuccessor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Crescent Capital Trust I), Trust Agreement (Apab Capital Trust I)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $25 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 2 contracts

Samples: Trust Agreement (Southern States Capital Trust I), Trust Agreement (Southern States Capital Trust Ii)

The Trust Securities Certificates. (a) ~~The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $[ ] Liquidation Amount and integral multiples thereof.~~ The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall be issued ~~substantially~~ in definitive registered form and sold in minimum initial amounts of $100,000 (100 Capital Securities) and integral multiples of $1,000 in excess thereof, and shall not be issued in the form of ~~Exhibit C hereto, with~~ a Book-Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (State Street Boston Corp)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ] Liquidation Amount~~ 25 and integral multiples of $25 in excess thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.5 and 5.11. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more Global ~~Capital~~ Preferred Securities ~~Certificates~~ registered in the name of ~~DTC~~The Depository Trust Company, as Clearing Agency, or its nominee and deposited with ~~DTC~~ The Depository Trust Company or a custodian for ~~DTC~~ The Depository Trust Company for credit by ~~DTC~~ The Depository Trust Company to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Old National Bancorp /In/)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $______ Liquidation Amount and integral multiples of $_____ in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ ______ Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by the Securities Registrar or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Visteon Corp)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $100,000 Liquidation Amount (100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee and, if so ordered by an Administrative Trustee, authenticated by the Property Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.04 and 5.05. (b) ~~Upon their~~ The Capital Securities Certificates issued to Qualified Institutional Buyers (as defined in Rule 144A under the Securities Act of 1933, as amended (the "Securities Act")), upon original issuance, ~~Capital Securities Certificates shall~~ will be issued in the form of ~~one or more~~ a Global Capital Securities ~~Certificates~~ Certificate registered in the name of ~~DTC~~Cede & Co. ("Cede"), as the Clearing Agency's nominee, ~~or its nominee~~ and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of the Clearing Agency for credit by ~~DTC~~ the Clearing Agency to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital ~~Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ Security may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of the ~~Depositor and~~ Clearing Agency or to a successor of the ~~Administrative Trustees~~Clearing Agency or its nominee. (c) The Capital Securities Certificates issued to Persons other than Qualified Institutional Buyers, upon their original issuance, shall be issued in definitive form and may not be represented by the Global Capital Securities Certificate. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate. (e) Pending the preparation of definitive Trust Securities Certificates, the Administrative Trustees may execute on behalf of the Trust and deliver, temporary Trust Securities Certificates which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Trust Securities Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Administrative Trustees executing such temporary Trust Securities Certificates may determine, as evidenced by their execution of such Trust Securities Certificates. If temporary Trust Securities Certificates are issued, the Trust will cause definitive Trust Securities Certificates to be prepared without unreasonable delay. After the preparation of definitive Trust Securities Certificates, the temporary Trust Securities Certificates, shall be exchangeable for definitive Trust Securities Certificates upon surrender of the temporary Trust Securities Certificates at any office or agency of the Trust, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Trust Securities Certificates, the Administrative Trustees shall execute and deliver in exchange therefor a like amount of definitive Trust Securities Certificates having the same date of issuance and the same terms as such temporary Trust Securities Certificates. Until so exchanged, the temporary Trust Securities Certificates shall in all respects be entitled to the same benefits under this Trust Agreement as definitive Trust Securities Certificates.

Appears in 1 contract

Samples: Trust Agreement (Metlife Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Centura Banks Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $100,000 Liquidation Amount (100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by ~~manual or facsimile~~ signature of ~~at least one~~ the three Administrative ~~Trustee~~Trustees. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates 20 25 or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.03 and 5.05. (b) ~~Upon their~~ The Capital Securities Certificates issued to Qualified Institutional Buyers (as defined in Rule 144A under the Securities Act), upon original issuance, ~~Capital Securities Certificates shall~~ will be issued in the form of ~~one or more~~ a Global Capital Securities ~~Certificates~~ Certificate registered in the name of ~~DTC~~Cede & Co. ("Cede"), as the Clearing Agency's nominee, ~~or its nominee~~ and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of the Clearing Agency for credit by ~~DTC~~ the Clearing Agency to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital ~~Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ Security may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of the ~~Depositor and~~ Clearing Agency or to a successor of the ~~Administrative Trustees~~Clearing Agency or its nominee. (c) The Capital Securities Certificates issued to Persons other than Qualified Institutional Buyers, upon their original issuance, shall be issued in definitive form and may not be represented by the Global Capital Securities Certificate. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate. (e) Pending the preparation of definitive Trust Securities Certificates, the Administrative Trustees may execute on behalf of the Trust and delivery, temporary Trust Securities Certificates which are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Trust Securities Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the Administrative Trustees executing such temporary Trust Securities Certificates may determine, as evidenced by their execution of such Trust Securities Certificates. If temporary Trust Securities Certificates are issued, the Trust will cause definitive Trust Securities Certificates to be prepared without unreasonable delay. After the preparation of definitive Trust Securities Certificates, the temporary Trust Securities Certificates shall be exchangeable for definitive Trust Securities Certificates upon surrender of the temporary Trust Securities Certificates at any office or agency of the Trust, without charge to the Holder. Upon surrender for cancellation of any one or more temporary Trust Securities Certificates, the Administrative Trustees shall execute and deliver in exchange therefor a like amount of definitive Trust Securities Certificates having the same date of issuance and the same terms as such temporary Trust Securities Certificates. Until so exchanged, the temporary Trust Securities Certificates shall in all respects be entitled to the same benefits under this Trust Agreement as definitive Trust Securities Certificates.

Appears in 1 contract

Samples: Trust Agreement (Vib Corp)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. The Preferred Securities initially will be represented by one or more certificates in registered, global form (collectively, the "Global Certificate"). Preferred Securities initially transferred, in accordance with Section 5.4, in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Security Holder, and shall be entitled to the rights and subject to the obligations of a Security Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Dayton Superior Capital Trust)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Preferred Securities initially sold to qualified institutional buyers in reliance on Rule 144A under the Securities Act ("Rule 144A Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Restricted Global Certificate"). Preferred Securities initially sold in offshore transactions in reliance on Regulation S ("Regulation S Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Regulation S Global Certificate" and, together with the Restricted Global Certificate, the "Global Certificates"). Preferred Securities initially transferred, in accordance with Section 5.4, in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Newell Financial Trust I)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by a transfer agent or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to ~~Section 5.5. (b) Upon their original issuance~~Sections 5.4, ~~Capital~~ 5.11 and 5.13. SECTION 5.3. Execution and Delivery of Trust Securities ~~Certificates~~ Certificates. At the Time of Delivery, the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 2.4 and 2.5, to be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts executed on behalf of the ~~Owners thereof (~~Issuer Trust and delivered to or ~~such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in~~ upon the ~~form~~ written order of ~~Exhibit C hereto~~the Depositor, ~~with such changes~~executed by one authorized officer thereof, ~~insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate~~ without further corporate action by the ~~Depositor and the Administrative Trustees~~Depositor, in authorized denominations. ~~(c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.~~

Appears in 1 contract

Samples: Trust Agreement (Bb&t Corp)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Preferred Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Ingersoll Rand Co)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Keycorp Capital I)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. The Trust Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust,~~ Trust or the Property Trustee shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall not be issued ~~substantially~~ in the form of ~~Exhibit C hereto, with~~ a Book-Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Cullen Frost Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile 23 18 signature of at least one Administrative Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Capital Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of ~~at least one Administrative Trustee~~an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Mbna Corp)

The Trust Securities Certificates. (a) The Administrative Trustees shall on behalf of the Issuer Trust issue, in one or more issuances, Restricted Capital Securities representing undivided beneficial ownership interests in the assets of the Trust, and one class of Common Securities; PROVIDED, HOWEVER, that the Administrative Trustees may issue an additional class of Capital Securities in accordance with Section 2.4. The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities ~~Certificates~~ shall be issued to _______ in the form of one or more ~~Global~~ definitive Capital Securities ~~Certificates registered~~ Certificates; provided, however, that the Administrative Trustees shall promptly, at the request of ________, register such definitive Capital Securities in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteesnominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Securities Purchase Agreement (DPL Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount (and in blocks of at least 250 Capital Securities) and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall not be issued ~~substantially~~ in the form of ~~Exhibit C hereto, with~~ a Book-Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Zions Institutional Capital Trust A)

The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Keycorp Capital Iii)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with ~~DTC or a custodian for~~ DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall not be issued ~~substantially~~ in the form of ~~Exhibit C hereto, with~~ a Book- Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Providian Financial Corp)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in minimum denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. (b) The Capital Securities Certificate shall not be valid until authenticated by the manual signature of an authorized signatory of the Property Trustee. The signature shall be conclusive evidence that the Capital Security has been authenticated under this Trust Agreement. (c) A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.04. (bd) Upon ~~their original issuance~~a written order of the Trust signed by an Administrator, the Property Trustee shall authenticate the Capital Securities ~~Certificates shall be issued in the form~~ for original issue. The aggregate number of ~~one or more Global~~ Capital Securities ~~Certificates registered in~~ outstanding at any time shall not exceed the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteesnumber set forth Section 2.04 hereof. (ce) ~~A single Common Securities Certificate representing the Common Securities shall be issued~~ The Property Trustee may appoint an authenticating agent acceptable to the Administrators to authenticate the Capital Securities. An authenticating agent may authenticate Capital Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authenticate by the Property Trustee includes authentication by such agent. An authenticating agent has the same rights as the Property Trustee to deal with the Depositor ~~in the form of a definitive Common Securities Certificate~~or an Affiliate.

Appears in 1 contract

Samples: Trust Agreement (Usf&g Corp)

The Trust Securities Certificates. ~~(a) The~~ Unless otherwise set forth herein, a single Capital Securities ~~Certificates and~~ Certificate representing the Capital Securities shall be issued to the Purchaser in the form of a definitive Capital Securities Certificate. A single Common Security Certificate representing the Common Securities ~~Certificates~~ shall be issued to the Depositor in ~~denominations~~ the form of ~~$[ ] Liquidation Amount~~ a definitive Common Securities Certificate. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and ~~integral multiples thereof~~shall not constitute a loan to the Trust. The Purchaser shall receive a Capital Securities Certificate bearing the Restricted Securities Legend ("Restricted Certificated Securities"). Restricted Certificated Securities shall include the Restricted Securities Legend unless removed in accordance with Section 5.4(c) hereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (HSB Group Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $ and integral multiples of $ in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ] Liquidation Amount~~ $ and integral multiples of $ in excess thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section~~ Sections 5.4 and 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more Global ~~Capital~~ Preferred Securities ~~Certificates~~ registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Onb Capital Trust Vi)

Appears in 1 contract

Samples: Trust Agreement (United Rentals Inc /De)

Appears in 1 contract

Samples: Trust Agreement (Metropolitan Financial Corp /Oh/)

The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Citizens Banking Corp)

Appears in 1 contract

Samples: Trust Agreement (Northern Trust Corp)

The Trust Securities Certificates. (a) ~~The Capital Securities Certificates and~~ Subject to the ~~Common Securities Certificates shall be issued in denominations~~ provisions of ~~$[ ] Liquidation Amount and integral multiples thereof. The~~ Section 5.3 of this Agreement, the Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the ~~manual or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement (subject to the authentication requirements of the Trust Agreement), notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of Cede as the Depositary's nominee and registered in the name of ~~DTC~~Cede as the Depositary's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depositary to a nominee of the Depositary or ~~its~~ by a nominee ~~and deposited with DTC~~ of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor of such Depositary or a ~~custodian for DTC for credit by DTC to the respective accounts~~ nominee of ~~the Owners thereof (or~~ such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteessuccessor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Northeast Bancorp /Me/)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by the Securities Registrar or its agent, (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, and (iii) and, until such time as otherwise determined by the Depositor and the Property Trustee, bear the restricted securities legend (the "Restricted Securities Legend"), substantially as set forth in Section 5.5. The Capital Securities may have notations, legends or endorsements required by law, stock exchange rules, agreements to which the Depositor is subject, if any, or usage (provided that any such notation, legend or endorsement is in a form acceptable to the Depositor). Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4, Section 5.12 and Section 5.14. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Declaration of Trust and Trust Agreement (Santander Bancorp)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $10 Liquidation Amount and integral multiples of $10 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 10 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 504 and 511. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more fully registered Global ~~Capital~~ Preferred Securities Certificates which will be deposited with or on behalf of the Depositary and registered in the name of ~~DTC~~the Depositary's nominee. Unless and until it is exchangeable in whole or in part for the Preferred Securities in definitive form, a global security may not be transferred except as ~~Clearing Agency,~~ a whole by the Depositary to a nominee of the Depositary or ~~its~~ by a nominee ~~and deposited with DTC~~ of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor of such Depositary or a ~~custodian for DTC for credit by DTC to the respective accounts~~ nominee of ~~the Owners thereof (or~~ such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trusteessuccessor. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Yardville Capital Trust)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $_____ Liquidation Amount and integral multiples of $______ in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ _____ Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Capital Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (J P Morgan Chase Capital X)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $100,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with ~~DTC or a custodian for~~ DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All~~ . (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall be issued ~~substantially~~ in minimum denominations of $100,000 and integral multiples of $1,000 in excess thereof and shall not be issued in the form of ~~Exhibit C hereto, with~~ a Book-Entry Capital Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests in such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Capital Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Pmi Group Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $ Liquidation Amount and integral multiples of $ in excess thereof, and the Common Securities Certificates shall be issued in minimum denominations of ~~$[ ]~~ $ Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust,~~ Trust shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for TRUST AGREEMENT credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the ~~Depositor~~ Sponsor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Wachovia Capital Trust XIII)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in minimum denominations of $1000 Liquidation Amount (and in blocks of at least __________ Capital Securities) and integral multiples of $1000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Keycorp Capital Ii)

The Trust Securities Certificates. (a) The Capital Securities Certificates and the Common Securities Certificates shall be issued in denominations of $[ ] Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Goldman Sachs Capital III)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Preferred Securities initially sold to qualified institutional buyers in reliance on Rule 144A under the Securities Act ("Rule 144A Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Restricted Global Certificate"). Preferred Securities initially transferred, in accordance with Section 5.4, in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this ~~Trust Agreement~~Declaration, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Declaration of Trust (Tower Automotive Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in minimum denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust,~~ Trust shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a the Securities Registrar as custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. ~~(c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.~~

Appears in 1 contract

Samples: Trust Agreement (Webster Capital Trust Iv)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Mbna Capital C)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Preferred Securities Certificates shall be issued in ~~denominations~~ fully registered form in minimum blocks of at least 100 (representing a minimum of $~~[ ]~~ 100,000 aggregate Liquidation Amount and ~~integral~~ multiples of $1,000 in excess thereof) and shall be at all times held in minimum blocks of 100 (representing a minimum of $100,000 aggregate Liquidation Amount). The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates representing Rule 144A Preferred Securities shall be issued in the form of ~~one or more~~ a Global ~~Capital~~ Preferred Securities ~~Certificates~~ Certificate registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ Depositary’s nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All Capital Securities Certificates shall be issued substantially in~~ Except as set forth herein, record ownership of the ~~form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ Global Preferred Security may be ~~deemed appropriate by the Depositor and the Administrative Trustees~~transferred, in whole or in part, only to another nominee of Depositary or to a successor of Depository or its nominee. (c) Upon their original issuance, Preferred Securities Certificates representing Other Preferred Securities shall be issued in definitive form and may not be represented by the Global Preferred Securities Certificate. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (First Citizens Bancorporation Inc)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. The Preferred Securities initially will be represented by one or more certificates in registered, global form (collectively, the "Global Certificate"). Preferred Securities initially transferred, in accordance with Section 5.4, in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Dura Automotive Systems Inc)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of such Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. The Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Sections 504, 511 and 514. Section ~~5.5~~503. Execution, Authentication and Delivery of the Trust Securities Certificates. (a) On the Closing Date and, if applicable, the Option Closing Date, as such term is defined in the Underwriting Agreement, or upon the occurence of any of the events described in clauses (i) through (iii) of Section 503A, the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by the manual or facsimile signature of at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Senior or Executive Vice President, the Treasurer or any Assistant Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E hereto~~, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may~~ . The signature shall be ~~deemed appropriate by~~ conclusive evidence that the ~~Depositor and~~ Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the ~~Administrative Trustees~~date of its authentication. (c) ~~A single Common~~ Upon the written order of the Trust signed by one of the Administrative Trustees, the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. (d) The Property Trustee may appoint an Authenticating Agent acceptable to the Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Depositor in or the ~~form of a definitive Common Securities Certificate~~Trust.

Appears in 1 contract

Samples: Trust Agreement (S Y Bancorp Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates (other than Predecessor Capital Securities Certificates and Predecessor Common Securities Certificates) shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by the Securities Registrar or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section ~~5.5~~5.4, Section 5.11 and Section 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Declaration of Trust and Trust Agreement (Popular Inc)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $100,000 Liquidation Amount (and in blocks of at least 100 Capital Securities) and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as ~~Clearing Agency~~Depositary, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Bt Capital Trust B)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of the Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and ~~integral~~ multiples ~~thereof~~thereof (which may, in the case of the Common Securities, include fractional amounts). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Sections 504, 512 and 514. Section ~~5.5~~503. Execution, Authentication and Delivery of Trust Securities Certificates. (a) On the Closing Date and on any date on which the underwriters exercise their over-allotment option, as applicable (an "Option Closing Date"), the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Vice President or its Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E attached hereto~~, with such changes, insertions, notations and legends (if other than as contemplated~~ . The signature shall be conclusive evidence that the Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the date of its authentication. Upon the written order of the Trust signed by ~~Exhibit C) as may be deemed appropriate by the Depositor and~~ one of the Administrative Trustees~~. (c) A single Common~~ , the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. The Property Trustee may appoint an Authenticating Agent acceptable to the ~~Depositor~~ Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the ~~form of a definitive Common Securities Certificate~~Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Company or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Ifc Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $[__] Liquidation Amount and integral multiples of $[__] in excess thereof, and the Common Securities Certificates shall be issued in denominations of $[ [__] Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Initially the Preferred Securities will be represented by a certificate registered in the Securities Register in the name of a Clearing Agency or a nominee thereof, in global form (the "Global Certificate"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and the Preferred Securities Certificates shall be authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this ~~Trust Agreement~~Declaration of Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Declaration of Trust (Boise Cascade Trust Iii)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in minimum denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples of $25 in excess thereof~~. The Trust Securities Certificates~~ , and shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. A transferee shall have no rights of a Holder until such registration is made. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as ~~Clearing Agency~~Depositary, or its ~~nominee~~ nominee, and deposited with DTC or a custodian ~~for~~ of DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the ~~Depositor~~ Sponsor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Aig Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of the Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and ~~integral~~ multiples ~~thereof~~thereof (which may, in the case of the Common Securities, include fractional amounts). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 504, 512 and 514. SECTION 503. Execution, Authentication and Delivery of Trust Securities Certificates. (a) On the Closing Date and on any date on which the underwriters exercise their over-allotment option, as applicable (an "Option Closing Date"), the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Vice President or its Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E attached hereto~~, with such changes, insertions, notations and legends (if other than as contemplated~~ . The signature shall be conclusive evidence that the Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the date of its authentication. Upon the written order of the Trust signed by ~~Exhibit C) as may be deemed appropriate by the Depositor and~~ one of the Administrative Trustees~~. (c) A single Common~~ , the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. The Property Trustee may appoint an Authenticating Agent acceptable to the ~~Depositor~~ Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the ~~form of a definitive Common Securities Certificate~~Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Company or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Americredit Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $[ ] Liquidation Amount and integral multiples of $[ ] in excess thereof, and the Common Securities Certificates shall be issued in denominations of $[ ] Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by the Securities Registrar or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (M&i Capital Trust C)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Preferred Securities initially sold to qualified institutional buyers in reliance on Rule 144A under the Securities Act ("Rule 144A Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Restricted Global Certificate"). Preferred Securities initially sold in offshore transactions in reliance on Regulation S under the Securities Act ("Regulation S Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Regulation S Global Certificate"). Preferred Securities initially transferred, in accordance with Section 5.4, in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Pioneer Standard Electronics Inc)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $10 Liquidation Amount and integral multiples of $10 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 10 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 504 and 511. SECTION 503. EXECUTION, AUTHENTICATION AND DELIVERY OF TRUST SECURITIES CERTIFICATES. (a) On the Closing Date and on the date on which the Underwriter exercises the Option, as applicable (the "Option Closing Date"), the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Vice President, the Treasurer or any Assistant Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be valid until authenticated by the manual signature of an authorized signatory of the Property Trustee. The signature shall be ~~issued in~~ conclusive evidence that the ~~form of one or more Global Capital~~ Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)Certificate has been authenticated under this Trust Agreement. ~~All Capital Securities Certificates~~ Each Preferred Security Certificate shall be ~~issued substantially in~~ dated the ~~form~~ date of ~~Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~its authentication. (c) ~~A single Common~~ Upon the written order of the Trust signed by the Administrative Trustee, the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. (d) The Property Trustee may appoint an Authenticating Agent acceptable to the Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Depositor in or the ~~form of a definitive Common Securities Certificate~~Trust.

Appears in 1 contract

Samples: Trust Agreement (Stifel Financial Capital Trust)

The Trust Securities Certificates. (a) The Capital Securities Certificates ~~and the Common Securities Certificates~~ shall be issued in fully registered form in denominations of $~~[ ]~~ 25.00 Liquidation Amount ~~and~~ or integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ the Depository's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of the Depository for credit by ~~DTC~~ the Depository to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to the ~~Depositor and the Administrative Trustees~~Depository, another nominee of Depository or to a successor of Depository or its nominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (City Holding Capital Trust Ii)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $ Liquidation Amount and integral multiples of $ in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ $ Liquidation Amount and integral multiples of $ in excess thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.5 and 5.11. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more Global ~~Capital~~ Preferred Securities ~~Certificates~~ registered in the name of ~~DTC~~The Depository Trust Company, as Clearing Agency, or its nominee and deposited with ~~DTC~~ The Depository Trust Company or a custodian for ~~DTC~~ The Depository Trust Company for credit by ~~DTC~~ The Depository Trust Company to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Onb Capital Trust Iv)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Preferred Securities initially sold to qualified institutional buyers in reliance on Rule 144A under the Securities Act ("Rule 144A Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Restricted Global Certificate"). Preferred Securities initially sold in offshore transactions in reliance on Regulation S ("Regulation S Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Regulation S Global Certificate" and, together with the Restricted Global Certificate, the "Global Certificates"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and the Preferred Securities Certificates shall be authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, ~~notwithstanding~~ notwith standing that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Big Flower Holdings Inc)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Trust by facsimile, countersigned by a transfer agent or its agent. The Preferrred Securities Certificates shall be authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer Trust~~Trust or the Property Trustee or, if executed on behalf of the Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Mbna Corp)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities --------------------------------- Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of such Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. The Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Sections 504, 511 and 514. Section ~~5.5~~503. Execution, Authentication and Delivery of the Trust Securities -------------------------------------------------------------- Certificates. ------------ (a) On the Closing Date, or upon the occurrence of any of the events described in clauses (a) through (c) of Section 503A, the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by the manual or facsimile signature of at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its Chief Executive Officer, President, any Senior or Executive Vice President, the Treasurer or any Assistant Treasurer without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E hereto~~, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may~~ . The signature shall be ~~deemed appropriate by~~ conclusive evidence that the ~~Depositor and~~ Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Securities Certificate shall be dated the ~~Administrative Trustees~~date of its authentication. (c) ~~A single Common~~ Upon the written order of the Trust signed by one of the Administrative Trustees, the Property Trustee shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. (d) The Property Trustee may appoint an Authenticating Agent acceptable to the Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Depositor in or the ~~form of a definitive Common Securities Certificate~~Trust.

Appears in 1 contract

Samples: Trust Agreement (Ctbi Preferred Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $[ ] Liquidation Amount and integral multiples of $[ ] in excess thereof, and the Common Securities Certificates shall be issued in denominations of $[ ] Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the Issuer Trust by facsimile, countersigned by the Securities Registrar or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by the Securities Registrar or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (South Financial Group Inc)

The Trust Securities Certificates. ~~(a)~~ The Capital Securities Certificates shall be issued in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be (i) executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative ~~Trustee~~Trustee and, if executed on behalf of the issuer Trust by facsimile, countersigned by a transfer agent or its agent and (ii) authenticated by the Property Trustee by manual or facsimile signature of an authorized signatory thereof and, if executed by such authorized signatory of the Property Trustee by facsimile, countersigned by a transfer agent or its agent. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer ~~Trust~~Trust or the Property Trustee or, if executed on behalf of the Issuer Trust or the Property Trustee by facsimile, countersigned by a transfer agent or its agent, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.11 and 5.13. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (State Street Capital Trust Ii)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Preferred Capital Securities Certificates shall be issued in the form of one or more Global Preferred Capital Securities ~~Certificates~~ Certificates, registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ the Depositary’s nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Preferred Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of Depositary or to a successor of the ~~Depositor and the Administrative Trustees~~Depository or its nominee. (c) A ~~single~~ Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate. (d) Notwithstanding any other provision of this Trust Agreement, so long as a Trust Securities Certificate is a Global Security, the parties hereto will be bound at all times by the applicable procedures of the Depository with respect to such Trust Securities Certificates.

Appears in 1 contract

Samples: Trust Agreement (FFBC Capital Trust I)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of the Liquidation Amount and integral multiples of the Liquidation Amount in excess thereof, and the Common Securities Certificates shall be issued in denominations of ~~$[ ]~~ the Liquidation Amount and ~~integral~~ multiples ~~thereof~~thereof (which may, in the case of the Common Securities, include fractional amounts). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Sections 504, 505, 511 and 512. Section ~~5.5~~503. Execution, Authentication and Delivery of Trust Securities Certificates. (a) On the Closing Date, and on any date on which the underwriters exercise their over allotment option, as applicable (an "Option Closing Date"), the Administrative Trustees shall cause Trust Securities Certificates, in an aggregate Liquidation Amount as provided in Sections 204 and 205, to be executed on behalf of the Trust by at least one of the Administrative Trustees and delivered to or upon the written order of the Depositor, signed by its principal executive officer, principal financial officer, principal accounting officer, treasurer or any vice president without further corporate action by the Depositor, in authorized denominations. (b) ~~Upon their original issuance, Capital~~ A Preferred Securities ~~Certificates~~ Certificate shall not be ~~issued in~~ valid until authenticated by the ~~form~~ manual signature of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts an authorized signatory of the ~~Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued~~ Property Trustee in substantially in the form of Exhibit C E attached hereto~~, with such changes, insertions, notations and legends (if other than as contemplated~~ . The signature shall be conclusive evidence that the Preferred Securities Certificate has been authenticated under this Trust Agreement. Each Preferred Security Certificate shall be dated the date of its authentication. Upon the written order of the Trust signed by ~~Exhibit C) as may be deemed appropriate by the Depositor and~~ one of the Administrative Trustees~~. (c) A single Common~~ , the Trustee under the Indenture shall authenticate and make available for delivery the Preferred Securities ~~Certificate representing the Common Securities shall be issued~~ Certificates. The Property Trustee may appoint an Authenticating Agent acceptable to the ~~Depositor~~ Trust to authenticate the Preferred Securities. An Authenticating Agent may authenticate the Preferred Securities whenever the Property Trustee may do so. Each reference in this Trust Agreement to authentication by the ~~form of a definitive Common Securities Certificate~~Property Trustee includes authentication by such agent. An Authenticating Agent has the same rights as the Property Trustee to deal with the Company or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Taylor Capital Group Inc)

The Trust Securities Certificates. (a) The Administrative Trustees shall on behalf of the Issuer Trust issue, in one or more issuances, Restricted Capital Securities representing undivided beneficial ownership interests in the assets of the Trust, and one class of Common Securities; provided, however, that the Administrative Trustee may issue an additional class of Capital Securities in accordance with Section 2.4. The Capital Securities Certificates shall be issued in fully registered form in minimum denominations of $1,000 Liquidation Amount and integral multiples of $1,000 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 1,000 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities ~~Certificates~~ shall be issued in the form of one or more ~~Global~~ Book-Entry Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (First Hawaiian Capital I)

The Trust Securities Certificates. (a) ~~The Capital~~ Initial Holders shall purchase Preferred Securities ~~Certificates~~ in minimum denominations of $100 (based on Liquidation Value) and integral multiples of $100 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 100 Liquidation ~~Amount~~ Value and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.05. (b) ~~Upon~~ Except as described in clause (c) below, upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in ~~the~~ book-entry form of one or more ~~Global Capital Securities Certificates~~ book-entry certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with ~~DTC or a custodian for~~ DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct)~~. All Capital~~ . (c) Upon the original issuance of Preferred Securities to institutional Accredited Investors the Preferred Securities Certificates shall not be issued ~~substantially~~ in the form of ~~Exhibit C hereto, with~~ a book-entry Preferred Securities Certificate or in any other form intended to facilitate book-entry trading in beneficial interests of such ~~changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees~~Preferred Securities. (cd) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Sinclair Broadcast Group Inc)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Trust Securities Certificates shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's ’s name pursuant to Section 5.5. (b) Upon their original issuance, Preferred Capital Securities Certificates shall be issued in the form of one or more Global Preferred Capital Securities ~~Certificates~~ Certificates, registered in the name of ~~DTC,~~ [ ] as ~~Clearing Agency, or its~~ the Depositary’s nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Preferred Capital Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by~~ transferred, in whole or in part, only to another nominee of Depositary or to a successor of the ~~Depositor and the Administrative Trustees~~Depository or its nominee. (c) A ~~single~~ Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (SCBT Financial Corp)

The Trust Securities Certificates. (a) The ~~Capital Securities Certificates and the Common~~ Preferred Securities Certificates shall be issued in ~~denominations of $[ ] Liquidation Amount and integral multiples thereof~~fully registered form. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more Global ~~Capital~~ Preferred Securities Certificates registered in the name of ~~DTC,~~ Cede as ~~Clearing Agency, or its~~ Depositary's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All Capital~~ Except as set forth herein, record ownership of the Global Preferred Securities ~~Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ may be ~~deemed appropriate by the Depositor and the Administrative Trustees~~transferred, in whole or in part, only to another nominee of Depositary or to a successor of Depository or its nominee. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (First Citizens Bancshares Inc /De/)

The Trust Securities Certificates. (a) The ~~Capital~~ Trust Preferred Securities Certificates shall be issued in minimum denominations of $25 Liquidation Amount and integral multiples of $25 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 25 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual ~~or facsimile~~ signature of at least one Administrative Trustee. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, ~~Capital~~ Trust Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Book-Entry Trust Preferred Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Bank of New York Co Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Trust Preferred Securities Certificates shall be issued in minimum denominations of $7.60 Liquidation Amount and integral multiples of $7.60 in excess thereof and the Trust Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 7.60 Liquidation Amount and integral multiples thereof. The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one Administrative Trustee, and Trust Preferred Securities Certificates shall be authenticated pursuant to Section 5.3. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder,~~ Holder and shall be entitled to the rights and subject to the obligations of a Holder ~~hereunder,~~ hereunder upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, ~~Capital~~ Trust Preferred Securities Certificates shall be issued in the form of one or more ~~Global Capital~~ Trust Preferred Securities Certificates registered in the name of ~~DTC,~~ such Persons as ~~Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to~~ the ~~respective accounts of the Owners thereof (or such other accounts as they~~ Depositor may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Trust Common Securities Certificate representing the Trust Common Securities shall be issued to the Depositor in the form of a definitive Trust Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Sea Pines Associates Inc)

The Trust Securities Certificates. (a) The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $___ Liquidation Amount and integral multiples of $___ in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ ___ Liquidation Amount and integral multiples of $___ in excess thereof. The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual ~~or facsimile~~ signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual ~~or facsimile~~ signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to ~~Section 5.5~~Sections 5.4, 5.5 and 5.11. (b) Upon their original issuance, ~~Capital~~ Preferred Securities Certificates shall be issued in the form of one or more Global ~~Capital~~ Preferred Securities ~~Certificates~~ registered in the name of ~~DTC~~The Depository Trust Company, as Clearing Agency, or its nominee and deposited with ~~DTC~~ The Depository Trust Company or a custodian for ~~DTC~~ The Depository Trust Company for credit by ~~DTC~~ The Depository Trust Company to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (HCC Capital Trust Ii)

The Trust Securities Certificates. ~~(a)~~ The ~~Capital~~ Preferred Securities Certificates shall be issued in minimum denominations of $50 Liquidation Amount and integral multiples of $50 in excess thereof, and the Common Securities Certificates shall be issued in denominations of $~~[ ]~~ 50 Liquidation Amount and integral multiples thereof. The consideration received by the Trust for the issuance of the Trust Securities shall constitute a contribution to the capital of the Trust and shall not constitute a loan to the Trust. Preferred Securities initially sold to qualified institutional buyers in reliance on Rule 144A under the Securities Act ("Rule 144A Preferred Securities") initially will be represented by one or more certificates in regis- tered, global form (collectively, the "Restricted Global Certificate"). Preferred Securities initially sold in off-shore transactions in reliance on Regulation S ("Regulation S Preferred Securities") initially will be represented by one or more certificates in registered, global form (collectively, the "Regulation S Global Certificate" and, together with the Restricted Global Certificate, the "Global Certificates"). Preferred Securities initially transferred, in accordance with Section 5.4, to institutional accredited investors in a manner exempt from the registration requirements of the Securities Act will be exchanged for Preferred Securities in registered, certificated form (the "Certificated Preferred Securities"). The Trust Securities Certificates shall be executed on behalf of the ~~Issuer~~ Trust by manual or facsimile signature of at least one Administrative Trustee and authenticated by the Property Trustee. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the ~~Issuer~~ Trust, shall be validly issued and entitled to the ~~benefits~~ benefit of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a ~~Holder~~Securityholder, and shall be entitled to the rights and subject to the obligations of a ~~Holder~~ Securityholder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section ~~5.5~~5.4. (b) Upon their original issuance, Capital Securities Certificates shall be issued in the form of one or more Global Capital Securities Certificates registered in the name of DTC, as Clearing Agency, or its nominee and deposited with DTC or a custodian for DTC for credit by DTC to the respective accounts of the Owners thereof (or such other accounts as they may direct). All Capital Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as may be deemed appropriate by the Depositor and the Administrative Trustees. (c) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (Host Marriott Corp/Md)

The Trust Securities Certificates. (a) The Capital Securities Certificates shall be issued in fully registered form in minimum blocks of at least 100 (representing a minimum of $100,000 aggregate Liquidation Amount and multiples of $1,000 in excess thereof), and shall be at all times held in minimum blocks of 100, and the Common Securities Certificates shall be issued in ~~denominations~~ minimum blocks of 100 (representing a minimum of $~~[ ]~~ 100,000 aggregate Liquidation ~~Amount and integral multiples thereof~~Amount). The Trust Securities Certificates shall be executed on behalf of the Issuer Trust by manual or facsimile signature of at least one ~~Administrative Trustee~~Administrator. Trust Securities Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Issuer Trust, shall be validly issued and entitled to the benefits of this Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the delivery of such Trust Securities Certificates or did not hold such offices at the date of delivery of such Trust Securities Certificates. A transferee of a Trust Securities Certificate shall become a Holder, and shall be entitled to the rights and subject to the obligations of a Holder hereunder, upon due registration of such Trust Securities Certificate in such transferee's name pursuant to Section 5.5. (b) Upon their original issuance, Capital Securities Certificates representing Rule 144A Capital Securities shall be issued in the form of ~~one or more~~ a Global Capital Securities ~~Certificates~~ Certificate registered in the name of Cede as DTC~~, as Clearing Agency, or its~~ 's nominee and deposited with ~~DTC~~ or ~~a custodian for DTC~~ on behalf of Depositary for credit by ~~DTC~~ Depositary to the respective accounts of the Owners thereof (or such other accounts as they may direct). ~~All~~ Except as set forth herein, record ownership of the Global Capital ~~Securities Certificates shall be issued substantially in the form of Exhibit C hereto, with such changes, insertions, notations and legends (if other than as contemplated by Exhibit C) as~~ Security may be ~~deemed appropriate by~~ transferred, in whole or in part, only to the ~~Depositor and~~ Depositary, another nominee of the ~~Administrative Trustees~~Depositary or to a successor Depositary or its nominee. (c) Upon their original issuance, Capital Securities Certificates representing Other Capital Securities shall be issued in definitive form and may not be represented by the Global Capital Security. (d) A single Common Securities Certificate representing the Common Securities shall be issued to the Depositor in the form of a definitive Common Securities Certificate.

Appears in 1 contract

Samples: Trust Agreement (City Holding Capital Trust)

Common use of The Trust Securities Certificates Clause in Contracts