Common Securities. 3 Company...............................................3
Common Securities. The Common Securities have been duly authorized by the Declaration and, when issued and delivered by the Trust to the Company in accordance with the terms of the Declaration and against payment therefor as described in the Prospectus, will be validly issued and (subject to the terms of the Declaration) fully paid and nonassessable undivided beneficial interests in the assets of the Trust; the issuance of the Common Securities is not subject to preemptive or other similar rights; no holder thereof will be subject to personal liability by reason of being such a holder; and at the Closing Time, all of the issued and outstanding Common Securities of the Trust will be directly owned by the Company free and clear of any security interest, mortgage, pledge, lien, encumbrance, claim or equity.
Common Securities. 3 Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Common Securities. _____Common Securities of the Trust with an aggregate liquidation amount with respect to the assets of the Trust of _______________ dollars ($__________) and a liquidation amount with respect to the assets of the Trust of $__________ per security, are hereby designated for the purposes of identification only as "_____% Common Securities" (collectively, the "Common Securities"). The certificates evidencing the Common Securities shall be substantially in the form of Exhibit A-2 to the Trust Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice.
Common Securities. 3 Company............................................................. 1, 3, 17 Company Order....................................................... 3
Common Securities. The Common Securities of the Trust shall have an aggregate liquidation amount with respect to the assets of the Trust of dollars ($ ) with respect to the [initial] closing of the sale of Common Securities [and, if the Option set forth in Section 7.18(a) is exercised, an additional aggregate liquidation amount with respect to the assets of the Trust of dollars ($ ) with respect to the second closing of the sale of Common Securities; provided that the maximum aggregate liquidation amount of common securities issued by the Trust shall not exceed dollars ($ )]. The Common Securities are hereby designated for identification purposes only as " % Common Securities" (the "Common Securities"). The Common Securities shall be in substantially the form set forth in Exhibit B to this Trust Agreement, or in such other form as shall be established by the Administrative Trustees, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Trust Agreement, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange or as may, consistent herewith, be determined by the Administrative Trustees executing such Common Securities, as evidenced by their execution of the Common Securities. The definitive Common Securities shall be printed, lithographed or engraved on steel engraved borders or may be produced in any other manner, all as determined by the Administrative Trustees executing such Common Securities, as evidenced by their execution of such Common Securities.
Common Securities. The term "
Common Securities. The Common Securities have been duly authorized by the Trust Agreement and, when issued and delivered by the Trust to the Company in accordance with the terms of the Trust Agreement and against payment therefor as described in the Prospectus, will be validly issued and (subject to the terms of the Trust Agreement) fully paid undivided beneficial interests in the assets of the Trust; the issuance of the Common Securities is not subject to preemptive or other similar rights; no holder thereof will be subject to personal liability by reason of being such a holder; and at the Closing Time, all of the issued and outstanding Common Securities of the Trust will be directly owned by the Company free and clear of any security interest, mortgage, pledge, lien, encumbrance, claim or equity.
Common Securities. Common Securities of the Trust with an aggregate liquidation amount with respect to the assets of the Trust of dollars ($ ) and a liquidation amount with respect to the assets of the Trust of $ per common security, are hereby designated for the purposes of identification only as “ % Common Securities” (the “Common Securities”). The Common Security Certificates evidencing the Common Securities shall be substantially in the form of Exhibit A-2 to the Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice.
Common Securities. The Common Securities of the Trust have an aggregate liquidation amount with respect to the assets of the Trust of __________ dollars ($__________) with respect to the initial closing of the sale of Common Securities and, if the Option set forth in Section 7.13(a) is exercised, an additional aggregate liquidation amount with respect to the assets of the Trust of __________ dollars ($__________) with respect to the second closing of the sale of Common Securities; provided that the maximum aggregate liquidation amount of common securities issued by the Trust shall not exceed __________ dollars ($___________). The Common Securities are hereby designated for identification purposes only as "____% Common Securities" (the "Common Securities" and, together with the Preferred Securities, 133 36 the "Securities"). The Common Security Certificates evidencing the Common Securities shall be substantially in the form of Exhibit B to this Declaration, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice subject to section 7.13(b).
