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

Trust Indenture Act; Conflict with Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) This Trust Agreement is intended to be in conformity with the provisions of the Trust Indenture Act that would be required to be part of this Trust Agreement were this Trust Agreement to be qualified under the Trust Indenture Act 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) 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, (iv) 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 (v) 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.

Trust Indenture Act; Conflict with Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) 1 This Trust Agreement is intended to be in conformity with the provisions of the Trust Indenture Act that would be required to be part of this Trust Agreement were this Trust Agreement to be qualified under the Trust Indenture Act and shall, to the extent applicable, be governed by such provisions; (ii) if and to . 2 The Property Trustee shall be the extent that only Trustee which is a trustee for the purposes of the Trust Indenture Act. 3 If any provision of this Trust Agreement hereof limits, qualifies or conflicts with the duties imposed by under Sections 310 through 317 of the Trust Indenture Act were this Trust Agreement to 317, inclusive, of be qualified under the Trust Indenture Act, such imposed duties shall control; (iii) if . 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, (iv) 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 (v) the . 4 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.. C.

Trust Indenture Act; Conflict with Trust Indenture Act. This Declaration of Trust will be qualified under the Trust Indenture Act. This Declaration of Trust incorporates certain provisions of the Trust Indenture Act. (a) TRUST INDENTURE ACT; APPLICATION. (i) This Declaration of Trust Agreement is intended subject to be in conformity with the provisions of the Trust Indenture Act that would be are required to be part of this Declaration of Trust Agreement were this Trust Agreement to be qualified under the Trust Indenture Act and shall, to the extent applicable, be governed by such provisions; . (iib) if and to The Property Trustee shall be the extent that only Trustee which is a trustee for the purposes of the Trust Indenture Act. (c) If any provision of this Trust Agreement hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Declaration of Trust by any of the duties imposed by Sections 310 to 317, inclusive, provisions of the Trust Indenture Act, B-41 113 such imposed duties required provision shall control; (iii) if . If any provision of this Declaration of 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 Declaration of Trust Agreement as so modified or excluded, as the case may be, . (ivd) 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 (v) the The application of the Trust Indenture Act to this Declaration of 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 10.12.