ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT AND AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS.
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT AND AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS. Lincoln National Corporation By: /s/ Xxxxxxx X. Xxxxxxx --------------------------------- Name: Xxxxxxx X. Xxxxxxx Title: Executive Vice President and Chief Financial Officer The First National Bank of Chicago as Property Trustee By: /s/ Xxxx X. Xxxxxxxxxxx --------------------------------- Name: Xxxx X. Xxxxxxxxxxx Title: Vice President First Chicago Delaware Inc. as Delaware Trustee By: /s/ Xxxx X. Xxxxxxxxxxx --------------------------------- Name: Xxxx X. Xxxxxxxxxxx Title: Vice President /s/ Xxxxx Xxxxxx --------------------------------- Xxxxx Xxxxxx, as Administrative Trustee /s/ Xxxxxxx X. Xxxxxxx --------------------------------- Xxxxxxx X. Xxxxxxx, as Administrative Trustee EXHIBIT A CERTIFICATE OF TRUST OF LINCOLN NATIONAL CAPITAL III This Certificate of Trust of Lincoln National Capital III (the "Trust"), dated May 20, 1996, is being duly executed and filed by the undersigned, as trustees, to form a business trust under the Delaware Business Trust Act (12 Del. C. Section 3801 et seq.).
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A HOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE HOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT, THE GUARANTEE AND THE INDENTURE, AND THE AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE ISSUER TRUST, SUCH HOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE ISSUER TRUST AND SUCH HOLDER AND SUCH OTHERS. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT AND AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS. SIERRA PACIFIC RESOURCES By: ---------------------------------- Name: Title: THE BANK OF NEW YORK, as Property Trustee By: ---------------------------------- Name: Title: THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee By: ---------------------------------- Name: Title: ------------------------------------- [ ], as Administrative Trustee ------------------------------------- Xxxxxxx X. Xxxxxxxx, as Administrative Trustee EXHIBIT A CERTIFICATE OF TRUST OF SIERRA PACIFIC RESOURCES CAPITAL TRUST II THIS Certificate of Trust of Sierra Pacific Resources Capital Trust II (the "Trust"), dated as of ______________ __, 1999, is being duly executed and filed by the undersigned, as trustees, to form a business trust under the Delaware Business Trust Act (12 DEL. C. ss. 3801, eT Seq.).
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND ----------------------------------------------------- INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST --------- THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS TO THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS.
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. GUARANTEE AND INDENTURE. THE RECEIPT AND ACCEPTANCE OF A TRUST PREFERRED SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL OWNERSHIP INTEREST IN SUCH TRUST PREFERRED SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT AND AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS. THIS TRUST AGREEMENT is executed as of the date first above written. TECO FUNDING COMPANY __, LLC, as Depositor By: _________________________________________ Name: Title:
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. Guarantee and Indenture........................................... [^] [51] SECTION 10.12. Counterparts........................................................... [^] [52] === ====
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. Guarantee and Indenture 59 Exhibit A Certificate of Trust Exhibit B Form of Common Securities Certificate Exhibit C Form of Preferred Securities Certificate Exhibit D Form of Restricted Securities Certificate
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. Guarantee and Indenture 44 Exhibit A Certificate of Trust Exhibit B Form of Common Securities Certificate Exhibit C Form of Agreement as to Expenses and Liabilities Exhibit D Form of Preferred Securities Certificate BFC CAPITAL TRUST II Certain Sections of this Trust Agreement relating to Sections 310 through 318 of the Trust Indenture Act of 1939: Trust Indenture Act Section Trust Agreement Section § 310 (a) (1) 8.7 (a) (2) 8.7 (a) (3) 8.7, 8.9 (a) (4) 2.7 (a) (ii) (b) 8.8 § 311 (a) 8.13 (b) 8.13 (c) Not Applicable § 312 (a) 5.7 (b) 5.7 (c) 5.7 § 313 (a) 8.14 (a); 8.14 (b) (b) 8.14 (b) (c) 10.9 (d) 8.14 (c) § 314 (a) 8.15
ACCEPTANCE OF TERMS OF TRUST AGREEMENT. Guarantee and Indenture 52 Exhibit A-1 Certificate of Trust of ACE Capital Trust I Exhibit A-2 Assignment and Assumption Agreement and First Amendment to the Trust Agreement of ACE Capital Trust I Exhibit B Form of Certificate Depository Agreement Pertaining to the Trust Originated Preferred Securities Exhibit C Form of Common Security Certificate Exhibit D Form of Agreement as to Expenses and Liabilities Exhibit E Form of Preferred Security Certificate AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 20, 1999, among (i) ACE INA HOLDINGS INC., a corporation duly organized and existing under the laws of the State of Delaware (including any successors or assigns, the "Depositor"), (ii) BANK ONE TRUST COMPANY, NATIONAL ASSOCIATION, previously known as The First National Bank of Chicago, a national banking association duly organized and existing under the laws of the United States, as property trustee (the "Property Trustee" and, in its individual capacity and not in its capacity as Property Trustee, the "Bank"), (iii) BANK ONE DELAWARE, INC., a Delaware corporation, as Delaware trustee (in such capacity, the "Delaware Trustee,"), (iv) Xxxxxx X. Xxxx, an individual, and Xxxxxxxxxxx X. Xxxxxxxx, an individual, each of whose address is c/o ACE Limited, The ACE Building, 30 Woodbourne Avenue, Xxxxxxxx, HM08, Bermuda (each an "Administrative Trustee" and collectively, the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.
