Common use of Access to List of Securityholders' Names and Addresses Clause in Contracts

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 2 contracts

Samples: Trust Agreement (Ozark Capital Trust), Trust Agreement (Bank of the Ozarks Inc)

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Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (x) to the Depositor or the Property Trustee, within 30 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing and (y) to the Property Trustee (a) semi-annually Trustee, semiannually on or before January 15 ___________, and July 15 in ___________ of each yearyear beginning ___________, 200_, a list, in such form as the Depositor or the Property Trustee Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a recent date and the Property Trustee shall preserve such information and similar information received by it in any other capacity and afford to the Holders access to information so preserved by it, all to such extent, if any, and in such manner as shall be required by the Trust Indenture Act; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or list given to the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as and the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of by the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by at any time the Property Trustee in its capacity as Securities is the Transfer Agent and Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold either the Depositor, the Property Trustee Depositor or the Administrative any Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 2 contracts

Samples: Trust Agreement (FPL Group Trust II), Trust Agreement (Florida Power & Light CO Trust II)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) ______ __ and (b) promptly after receipt by any Administrative Trustee or the Depositor ________ __ of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and the Property Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed agrees not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Crescent Capital Trust I)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (x) to the Depositor or the Property Trustee, within 30 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing and (y) to the Property Trustee (a) semi-annually Trustee, semiannually on or before January 15 June 1, and July 15 in December 1 of each yearyear beginning June 1, 2004, a list, in such form as the Depositor or the Property Trustee Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a recent date and the Property Trustee shall preserve such information and similar information received by it in any other capacity and afford to the Holders access to information so preserved by it, all to such extent, if any, and in such manner as shall be required by the Trust Indenture Act; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or list given to the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as and the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of by the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by at any time the Property Trustee in its capacity as Securities is the Transfer Agent and Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold either the Depositor, the Property Trustee Depositor or the Administrative any Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (FPL Group Inc)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (x) to the Depositor or the Property Trustee, within 30 days after receipt by any Administrative Trustee of a request therefor from the Depositor or the Property Trustee, as the case may be, in writing and (y) to the Property Trustee (a) semi-annually Trustee, [semiannually on or before January 15 ________, and July 15 in ________ of each yearyear beginning ________], a list, in such form as the Depositor or the Property Trustee Trustee, as the case may be, may reasonably require, of the names and addresses of the Securityholders as of a recent date and the Property Trustee shall preserve such information and similar information received by it in any other capacity and afford to the Holders access to information so preserved by it, all to such extent, if any, and in such manner as shall be required by the Trust Indenture Act; provided that the Administrative Trustees shall not be obligated to provide such list at any time such list does not differ from the most recent regular record date (as provided in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or list given to the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as and the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of by the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by at any time the Property Trustee in its capacity as Securities is the Transfer Agent and Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold either the Depositor, the Property Trustee Depositor or the Administrative any Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (FPL Group Capital Inc)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the The Securities Registrar, the Administrative Trustees or the Depositor Registrar shall furnish or cause to be furnished (x) to the Depositor, within 15 days after receipt by the Securities Registrar of a request therefor from the Depositor in writing and (y) to the Property Trustee, semiannually, and at such other times as the Property Trustee (a) semi-annually on or before January 15 and July 15 may request in each yearwriting promptly after receipt by the Securities Registrar of any such request, a list, in such form as the Depositor or the Property Trustee (as applicable) may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided Record Date. If three or more Holders of Trust Securities Certificates apply in Section 4.01(d)) and (b) promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee to discharge its obligations under this Trust Agreement, in each case writing to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders , and such application states that the applicants desire to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, Securities Certificates and the corresponding rights such application is accompanied by a copy of the Property Trustee shall be as provided in communication that such applicants propose to transmit, then the Trust Indenture ActSecurities Registrar shall, except within five Business Days after the receipt of such application, afford such applicants access during normal business hours to the extent Section 3819 current list of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall applySecurityholders. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold either the Depositor, the Property Trustee Depositor or the Administrative Trustees Securities Registrar accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Rouse Company)

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Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the The Administrative Trustees or the Depositor shall furnish or cause to be furnished (a) to the Property Trustee (a) semi-annually on or before January Trustee, semiannually, not more than 15 days after _____________ __ and July 15 _____________ __ in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) such ______________ __ and ____________ __ and (b) to the Property Trustee, promptly after receipt by any Administrative Trustee or the Depositor of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or such other information as the Property Trustee may reasonably require in order to enable the Property Trustee Trustee, to discharge its obligations under this Trust Agreement, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee Trustee, shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee, the Delaware Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Agreement (Hl&p Capital Trust Iv)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) _________ and (b) promptly after receipt by any Administrative Trustee or the Depositor ________ of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Metropolitan Capital Trust I)

Access to List of Securityholders' Names and Addresses. At any time when the Property Trustee is not also acting as the Securities Registrar, the Administrative Trustees or the Depositor shall furnish or cause to be furnished to the Property Trustee (a) semi-annually on or before January 15 and July 15 in each year, a list, in such form as the Property Trustee may reasonably require, of the names and addresses of the Securityholders as of the most recent regular record date (as provided in Section 4.01(d)) January 1 and (b) promptly after receipt by any Administrative Trustee or the Depositor June 30 of a request therefor from the Property Trustee, the list referred to in Section 5.07(a) above and/or each year and at such other information times as the Property Trustee may reasonably require request in order to enable the Property Trustee to discharge its obligations under this Trust Agreementwriting, in each case to the extent such information is in the possession or control of the Administrative Trustees or the Depositor or any paying agents of either and is not identical to a previously supplied list or has not otherwise been received by the Property Trustee in its capacity as Securities Registrar, and the Property Trustee shall preserve, in as current a form as reasonably practicable the most recent list so furnished to or received by it. To the extent applicable, the Depositor and Property Trustee shall comply with the other provisions of Section 312(a) of the Trust Indenture Act. The rights of Securityholders to communicate with other Securityholders with respect to their rights under this Trust Agreement or under the Trust Securities, and the corresponding rights of the Property Trustee shall be as provided in the Trust Indenture Act, except to the extent Section 3819 of the Delaware Business Trust Act would require greater access to such information, in which case the latter shall apply. Each Holder, by receiving and holding a Trust Securities Certificate, Holder and each Owner shall be deemed to have agreed agrees not to hold the Depositor, the Property Trustee or the Administrative Trustees accountable by reason of the disclosure of its name and address, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Trust Agreement (Apab Capital Trust I)

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