Trust Indenture Act; Conflict with Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) This Trust Agreement is subject to the provisions of the Trust Indenture Act that are required to be a part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions; (ii) if and to the extent that any provision of this Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control; (iii) for purposes of this Trust Agreement, the Property Trustee, to the extent permitted by applicable law and/or the rules and regulations of the Commission, shall be the only Issuer Trustee which is a trustee for the purposes of the Trust Indenture Act; and (iv) the application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Capital Securities and the Common Securities as equity securities representing undivided beneficial interests in the assets of the Issuer Trust.
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Samples: Trust Agreement (FCB/Sc Capital Trust I), Trust Agreement (Southern Bancshares Nc Inc), Trust Agreement (FCB Nc Capital Trust I)
Trust Indenture Act; Conflict with Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) This Trust Agreement is subject to the provisions of the Trust Indenture Act that are required or deemed to be a part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions; (ii) if and to the extent that any provision of this Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control; (iii) for purposes of this Trust Agreement, the . The Property Trustee, to the extent permitted by applicable law and/or the rules and regulations of the Commission, Trustee shall be the only Issuer Trustee which is a trustee for the purposes of the Trust Indenture Act; and (iv) . If any provision hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Trust Agreement by any of the provisions of the Trust Indenture Act, such required or deemed provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the 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. The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Capital Securities and the Common Trust Securities as equity securities representing undivided beneficial interests in the assets of the Issuer Trust.
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Samples: Trust Agreement (Ingersoll Rand Co)
Trust Indenture Act; Conflict with Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) This Trust Agreement is subject to the provisions of the Trust Indenture Act that are required to be a part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions; . (iib) if and to the extent that any provision of this Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control; (iii) for purposes of this Trust Agreement, the The Property Trustee, to the extent permitted by applicable law and/or the rules and regulations of the Commission, Trustee shall be the only Issuer Trustee which is a trustee for the purposes of the Trust Indenture Act; and . (ivc) 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 Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the 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 to be excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Capital Securities and the Common Securities as equity securities representing undivided beneficial interests in the assets of the Issuer Trust. Section 10.11.
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