Common use of Continuation of Trust Clause in Contracts

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust I,” in which name the Trust, and the Trustee on behalf of the Trust, may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] of $[ ] for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under the Subordinated Guarantee] represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 2 contracts

Samples: Trust Agreement (Credit Suisse (Usa) Inc), Trust Agreement (Credit Suisse Group)

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Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust III,” in which name the Trust, and the Trustee on behalf of the Trust, may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] of $[ ] for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under the Subordinated Guarantee] represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 2 contracts

Samples: Trust Agreement (Credit Suisse Group), Trust Agreement (Credit Suisse (Usa) Inc)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust IIII,” in which name the Trust, and the Trustee on behalf of the Trust, may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] of $[ ] for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under the Subordinated Guarantee] represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 2 contracts

Samples: Trust Agreement (Credit Suisse (Usa) Inc), Trust Agreement (Credit Suisse Group)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IV," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to cauxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 2 contracts

Samples: Trust Agreement (UBS Preferred Funding Trust VIII), Trust Agreement (Ubs Preferred Funding Trust Iv)

Continuation of Trust. (a) The Property Trustee acknowledges receipt in trust from the Depositor in connection with the Original Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust I,” in which name the Trust, and the Trustee on behalf Agreement of the Trustsum of $10, may engage in which constituted the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be suedinitial Trust Property. It is the intention The Depositor shall pay organizational expenses of the parties that Trust as they arise or shall, upon request of any Trustee, promptly reimburse such Trustee for any such expenses paid by such Trustee. The Depositor is not a beneficial owner of the Trust continued hereby constitute a statutory trust under or Trust Property and shall make no claim upon the Statutory Trust Act and that this Trust Agreement constitute Property for the governing instrument payment of the Trustsuch expenses. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in a corresponding amount of the Company Preferred Securities held by the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the functions directly related documents to which it is a party and (iii) engaging thereto, as set forth in only those other activities necessary or incidental theretoSection 2.5. The Grantor Depositor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] _______ for the benefit of the Holders of the Trust Preferred Securities. Each Holder is intended by the Depositor to be the beneficial owner of an amount of Company Preferred Securities represented by the amount of Trust Preferred Securities held by such Holder and collectively, the Holders are the sole beneficial owners of the Trust and the Trust Property. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee Trustees or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and Securities and the related rights under the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee Trustees or any other Holder individually or to the Holders as a group. The Property Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and contained elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02Article 10, the Trust shall be irrevocable. The Property Trustee hereby acknowledges receipt of one or more Company Preferred Security Certificates representing Company Preferred Securities having an aggregate liquidation preference of $_________ registered in the name of the Trust, and its acceptance on behalf of the Trust of the Company Preferred Securities, and declares that the Trust shall hold the Company Preferred Securities for the benefit of the Holders of the Trust Preferred Securities.

Appears in 1 contract

Samples: Trust Agreement (Teco Capital Trust Iii)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IIV," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to cauxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (Ubs Preferred Funding Trust Iv)

Continuation of Trust. The exclusive purposes and functions of the Trust are (a) The to issue the Securities in exchange for the Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust I,” in which name the TrustDebentures, and the Trustee on behalf of the Trust, may (b) to engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor GE Capital, as Holder of the Common Securities, hereby delivers reaffirms the appointment of the Delaware Trustee, the Property Trustee and the Administrative Trustees as trustees of the Trust, to have all the rights, powers and duties to the extent set forth herein, and the respective Trustees hereby accept such appointment. The Property Trustee for deposit in hereby declares that it will hold the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes Property in an aggregate principal amount] [Eligible Investments in an amount] of $[ ] trust upon and subject to the conditions set forth herein for the benefit of the Holders Trust and the Holders. The Administrative Trustees shall have all rights, powers and duties set forth herein and in accordance with applicable law with respect to accomplishing the purposes of the Trust. The Delaware Trustee is appointed to serve as the trustee of the Trust Preferred Securitiesin the State of Delaware for the sole purpose of satisfying the requirement of Section 3807(a) of the Statutory Trust Act that the Trust have at least one trustee with a principal place of business in the State of Delaware. It is understood and agreed by the parties hereto that the Delaware Trustee shall have none of the duties or liabilities of the Administrative Trustees or the Property Trustee. The duties of the Delaware Trustee shall be limited to (i) accepting legal process served on the Trust in the State of Delaware and (ii) the execution of any certificates required to be filed with the Delaware Secretary of State which the Delaware Trustee is required to execute under Section 3811 of the Statutory Trust Act. To the fullest extent permitted that, at law or in equity, the Delaware Trustee has duties (including fiduciary duties) and liabilities relating thereto to the Trust or the Holders, it is hereby understood and agreed by law, without the need other parties hereto that such duties and liabilities are replaced by the duties and liabilities of the Delaware Trustee expressly set forth in this Trust Agreement. The Delaware Trustee shall have no liability for any other action the acts or omissions of any Person, including the Administrative Trustees or the Property Trustee. The Delaware Trustee or any other Holder, each Holder shall be entitled to enforce, in the name all of the Trustsame rights, the rights of protections, indemnities and immunities under this Trust Agreement and with respect to the Trust under as the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under the Subordinated Guarantee] represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Property Trustee’s rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (GE Capital Trust I)

Continuation of Trust. The exclusive purposes and functions of the Issuer Trust are to (a) The issue and sell Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust I,” in which name the Trust, Securities and the Trustee on behalf of the Trust, may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Junior Subordinated Notes] [Eligible Investments]Debentures, (ii) entering into and performing its duties under the related documents to which it is a party and (iiib) engaging engage in only those other activities necessary or incidental thereto, including, without limitation, the execution and delivery of the Expense Agreement, the Common Securities Subscription Agreement and the Junior Subordinated Debenture Subscription Agreement. The Grantor Sponsor hereby delivers reaffirms the appointment of the Delaware Trustee and the Property Trustee as trustees of the Issuer Trust, to have all the rights, powers and duties to the extent set forth herein, and the Issuer Trustees hereby accept such appointment. The Property Trustee for deposit in hereby declares that it will hold the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes Property in an aggregate principal amount] [Eligible Investments in an amount] of $[ ] trust upon and subject to the conditions set forth herein for the benefit of the Holders Issuer Trust and the Holders. The Sponsor hereby appoints the Administrators, with such Administrators having all rights, powers and duties set forth herein and in accordance with applicable law with respect to accomplishing, the purposes of the Issuer Trust, and the Administrators hereby accept such appointment, provided, however, that it is the intent of the parties hereto that such Administrators shall not be trustees with respect to the Issuer Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder and this Trust Agreement shall be entitled to enforce, construed in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under the Subordinated Guarantee] represented by the Trust Preferred Securities held by a manner consistent with such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a groupintent. The Property Trustee shall have the right and power and authority (subject to perform those duties assigned to the Trustee’s rightsAdministrators. The Delaware Trustee shall not be entitled to exercise any powers, privileges and protections in Section 6.02 and elsewhere herein) to enforce nor shall the Delaware Trustee have any of the Trust’s rights in respect duties and responsibilities, of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] which are not enforced by any HolderProperty Trustee or the Administrators set forth herein. Subject to Section 7.02, the Trust The Delaware Trustee shall be irrevocableone of the trustees of the Issuer Trust for the sole and limited purpose of fulfilling the requirements of Section 3807 of the Delaware Statutory Trust Act and for taking such actions as are required to be taken by a Delaware trustee under the Delaware Statutory Trust Act.

Appears in 1 contract

Samples: Agreement (Aig Capital Trust I)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IVII," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to cauxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (UBS Preferred Funding Trust VIII)

Continuation of Trust. (a) The Trust continued hereby shall be known as "Credit Suisse Group Capital (Delaware) Trust I," in which name the Trust, and the Trustee on behalf of the Trust, may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be sued. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Securities held by the Trust and related rights under the Subordinated Notes] [Eligible Investments], (ii) entering into Guarantee and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] Preference of $[ ] ________ for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and Securities and the related rights under the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (Credit Suisse Group)

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Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust III," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and sue xxx and be sued. The Trustee shall have the power and authority to cause the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory business trust under the Statutory Business Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (Ubs Preferred Funding Trust Iii)

Continuation of Trust. (a) The Property Trustee acknowledges receipt in trust from the Depositor in connection with the Original Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) Trust I,” in which name the Trust, and the Trustee on behalf Agreement of the Trustsum of $10, may engage in which constituted the transactions contemplated hereby, make and execute contracts and other instruments and xxx and be suedinitial Trust Property. It is the intention The Depositor shall pay organizational expenses of the parties that Trust as they arise or shall, upon request of any Trustee, promptly reimburse such Trustee for any such expenses paid by such Trustee. The Depositor is not a beneficial owner of the Trust continued hereby constitute a statutory trust under or Trust Property and shall make no claim upon the Statutory Trust Act and that this Trust Agreement constitute Property for the governing instrument payment of the Trustsuch expenses. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in a corresponding amount of the Company Preferred Securities held by the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into and performing its duties under the functions directly related documents to which it is a party and (iii) engaging thereto, as set forth in only those other activities necessary or incidental theretoSection 2.5. The Grantor Depositor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] ___________ for the benefit of the Holders of the Trust Preferred Securities. Each Holder is intended by the Depositor to be the beneficial owner of an amount of Company Preferred Securities represented by the amount of Trust Preferred Securities held by such Holder and collectively, the Holders are the sole beneficial owners of the Trust and the Trust Property. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee Trustees or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and Securities and the related rights under the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee Trustees or any other Holder individually or to the Holders as a group. The Property Trustee shall have the power and authority (subject to the Property Trustee’s 's rights, privileges and protections in Section 6.02 and contained elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02Article 10, the Trust shall be irrevocable. The Property Trustee hereby acknowledges receipt of one or more Company Preferred Security Certificates representing Company Preferred Securities having an aggregate liquidation preference of $___________ registered in the name of the Trust, and its acceptance on behalf of the Trust of the Company Preferred Securities, and declares that the Trust shall hold the Company Preferred Securities for the benefit of the Holders of the Trust Preferred Securities.

Appears in 1 contract

Samples: Trust Agreement (Teco Energy Inc)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IVI," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to cauxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (UBS Preferred Funding Trust VIII)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IVIII," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to cauxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (UBS Preferred Funding Trust VIII)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IIX," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and xxx sue and be sued. The Trustee shall have the power and authority to caxxx the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory trust under the Statutory Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (UBS Preferred Funding Trust VIII)

Continuation of Trust. (a) The Trust continued hereby shall be known as “Credit Suisse Group Capital (Delaware) "UBS Preferred Funding Trust IIII," in which name the Trust, and the Trustee on behalf of the Trust, Trust may engage in the transactions contemplated hereby, make and execute contracts and other instruments and sue xxx and be sued. The Trustee shall have the power and authority to cause the Trust to do such things. It is the intention of the parties that the Trust continued hereby constitute a statutory business trust under the Statutory Business Trust Act and that this Trust Agreement constitute the governing instrument of the Trust. The Trust exists for the exclusive purposes sole purpose of (i) issuing and selling Trust Preferred Securities representing an undivided beneficial interest in the Trust Estate and to use the proceeds from such sale to acquire the [Company Preferred Securities] [Subordinated Notes] [Eligible Investments], (ii) entering into Securities held by the Trust and performing its duties under the functions directly related documents to which it is a party and (iii) engaging in only those other activities necessary or incidental thereto. The Grantor hereby delivers to the Trustee for deposit in the Trust [one or more Company Preferred Securities Certificates representing Company Preferred Securities with an aggregate Liquidation Preference] [Subordinated Notes in an aggregate principal amount] [Eligible Investments in an amount] liquidation preference of $[ ] - for the benefit of the Holders of the Trust Preferred Securities. To the fullest extent permitted by law, without the need for any other action of any Person, including the Trustee or any other Holder, each Holder shall be entitled to enforce, in the name of the Trust, the rights of the Trust under the [Company Preferred Securities][Subordinated Notes][Eligible Investments][and the related rights under Securities and the Subordinated Guarantee] Guarantee represented by the Trust Preferred Securities held by such Holder. Any recovery on such an enforcement action shall belong solely to such Holder who brought the action, not to the Trust, the Trustee or any other Holder individually or to the Holders as a group. The Trustee shall have the power and authority (subject to the Trustee’s 's rights, privileges and protections in Section 6.02 and elsewhere herein) to enforce any of the Trust’s 's rights in respect of the [Company Preferred Securities][Subordinated Notes][Eligible Investments] Securities which are not enforced by any Holder. Subject to Section 7.02, the Trust shall be irrevocable.

Appears in 1 contract

Samples: Trust Agreement (Ubs Preferred Funding Trust Iii)

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