Common use of Trust Indenture Act; Conflict with Trust Indenture Act Clause in Contracts

Trust Indenture Act; Conflict with Trust Indenture Act. (a) This Trust Agreement is subject to the provisions of the TIA that are required to be part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions. (b) The Trustee shall be the only Trustee which is the trustee for the purpose of the TIA. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the TIA, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the TIA to this Trust Agreement shall not affect the nature of the Certificates as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 3 contracts

Samples: Trust Agreement (Incapital Trust Products II LLC), Trust Agreement (Incapital Trust Products LLC), Trust Agreement (Incapital Trust Products LLC)

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Trust Indenture Act; Conflict with Trust Indenture Act. (a) This Trust Agreement is subject to the provisions of the TIA that are required to be part of this Trust Agreement Indenture Act and shall, to the extent applicable, be governed by such provisions. (b) The Property Trustee shall be the only Trustee which is the a trustee for the purpose purposes of the TIATrust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any the duties imposed under Section 310 through 317 of the provisions of the TIATrust Indenture Act, such required provision duties shall control. If any provision of this Trust Agreement modifies or excludes any provision of the TIA Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the TIA Trust Indenture Act to this Trust Agreement shall not affect the nature of the Certificates Trust Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 3 contracts

Samples: Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Capital Trust V)

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Trust Indenture Act; Conflict with Trust Indenture Act. (a) This Trust Agreement is subject to the provisions of the TIA that are required to be part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions. (b) The Trustee shall be the only Trustee which is the trustee for the purpose of the TIA. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the TIATrust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the TIA to this Trust Agreement shall not affect the nature of the Certificates as equity securities representing undivided beneficial interests in the assets of the Trust.

Appears in 1 contract

Samples: Trust Agreement (Bond Trust Products LLC)

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