Common use of Force Majeure Clause in Contracts

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 938 contracts

Samples: Supplemental Indenture (Lear Corp), Supplemental Indenture, Senior Note

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 347 contracts

Samples: Senior Note (Intelsat S.A.), Senior Note (Allscripts Healthcare Solutions, Inc.), Senior Note (RingCentral, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances .

Appears in 167 contracts

Samples: Senior Note (Realogy Group LLC), Senior Note (Hilton Worldwide Holdings Inc.), Senior Note (Vine Energy Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee shall use reasonable best efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 151 contracts

Samples: Secured Note (Community Health Systems Inc), Senior Secured Note (Community Health Systems Inc), Senior Secured Note (FRNK Technology Group)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 65 contracts

Samples: Senior Note (United Rentals North America Inc), Senior Note (United Rentals North America Inc), Senior Secured Note (United Rentals North America Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 53 contracts

Samples: Senior Note (Lithia Motors Inc), Senior Note (Fair Isaac Corp), Senior Note (Paragon Offshore PLC)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [Signatures on following page]

Appears in 36 contracts

Samples: Senior Note (MGM Growth Properties Operating Partnership LP), Senior Note (MGM Growth Properties Operating Partnership LP), iQIYI, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 35 contracts

Samples: Senior Note (Jazz Pharmaceuticals PLC), Hc2 Holdings, Inc., Senior Secured Note (Evergreen Solar Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, God and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 30 contracts

Samples: Supplemental Indenture (Nasdaq, Inc.), Senior Note (NortonLifeLock Inc.), Supplemental Indenture (Nasdaq, Inc.)

Force Majeure. In no event shall the Trustee Warrant Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances .

Appears in 24 contracts

Samples: Warrant Agreement, Warrant Agreement (Mudrick Capital Acquisition Corp), Warrant Agreement

Force Majeure. In no event shall the Trustee or the Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Agents, as the case may be, shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 22 contracts

Samples: Senior Note (iQIYI, Inc.), Senior Note (JOYY Inc.), Convertible Note (MakeMyTrip LTD)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 21 contracts

Samples: Senior Note (Antero Midstream Corp), Senior Secured Note (Navios Maritime Holdings Inc.), Senior Note (PH Holding LLC)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . SIGNATURES

Appears in 20 contracts

Samples: Indenture (Infinity Capital Trust I), Senior Subordinated Note (Providence Service Corp), Indenture (Infinity Capital Trust I)

Force Majeure. In no event shall the Trustee Collateral Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Collateral Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 17 contracts

Samples: Amended and Restated Credit Agreement (GTWY Holdings LTD), Term Loan Agreement (GTWY Holdings LTD), Collateral Agency Agreement

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, interruptions or loss or malfunctions of utilities , communications or computer (software and hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 17 contracts

Samples: Indenture (Glu Mobile Inc), Supplemental Indenture (Glu Mobile Inc), Oncogenex Pharmaceuticals, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . In no event shall the Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action.

Appears in 17 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Force Majeure. In no event shall the Guarantee Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Guarantee Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK]

Appears in 16 contracts

Samples: Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood provided that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 16 contracts

Samples: Ironwood Pharmaceuticals Inc, Senior Note (Ironwood Pharmaceuticals Inc), Senior Note (Cubist Pharmaceuticals Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and also including interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services resulting therefrom; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 15 contracts

Samples: Senior Note (Bungeltd), Senior Note (Bunge LTD), Senior Note (Bunge Limited Finance Corp)

Force Majeure. In no event shall the Collateral Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Collateral Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 14 contracts

Samples: Collateral Trust Agreement (Vanguard Natural Resources, Inc.), Collateral Trust Agreement (Exco Resources Inc), Trust Agreement (Westwood One Inc /De/)

Force Majeure. In no event shall will the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall will use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 14 contracts

Samples: Subordinated Note (MidWestOne Financial Group, Inc.), Subordinated Note (CapStar Financial Holdings, Inc.), Subordinated Note (Veritex Holdings, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God god, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances .

Appears in 12 contracts

Samples: Senior Secured Note (Norbord Inc.), Senior Secured Note (Norbord Inc.), www.norbord.com

Force Majeure. In no event shall the Trustee or Conversion Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or other acts of God, and interruptions, loss or malfunctions malfunction of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee and the Conversion Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 12 contracts

Samples: Senior Convertible Note (Prospect Capital Corp), Senior Convertible Note (Mastec Inc), Senior Convertible Note (Prospect Capital Corp)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 11 contracts

Samples: Subordinated Note (Iterum Therapeutics PLC), Senior Subordinated Note (Iterum Therapeutics PLC), Subordinated Note (Iterum Therapeutics PLC)

Force Majeure. In no event shall the Trustee or the Collateral Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee and the Collateral Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 11 contracts

Samples: Senior Secured Note (Park Hotels & Resorts Inc.), Senior Secured Note (Park Hotels & Resorts Inc.), Senior Secured Note (Reddy Ice Holdings Inc)

Force Majeure. In no event shall the Trustee Warrant Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Warrant Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 11 contracts

Samples: Warrant Agreement (Toronto Dominion Bank), Warrant Agreement (Toronto Dominion Bank), Warrant Agreement (Affinion Group, Inc.)

Force Majeure. In no event shall the Guarantee Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Guarantee Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 10 contracts

Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Webster Financial Corp)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 10 contracts

Samples: Indenture (Midwest Banc Holdings Inc), Subordinated Convertible Note (Terremark Worldwide Inc), Secured Note (Sirius Xm Radio Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances. circumstances.[Signatures on following page]

Appears in 10 contracts

Samples: Senior Note (Vici Properties Inc.), Senior Note (Vici Properties Inc.), Senior Subordinated Note (DRS Technologies Inc)

Force Majeure. In no event shall the Trustee Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 9 contracts

Samples: Security Agreement (Iaso Pharma Inc), Warrant Agreement (Morgan Stanley Capital Trust Iv), Amended and Restated Security Agreement (Ants Software Inc)

Force Majeure. In no event shall the Indenture Trustee or the Owner Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Indenture Trustee and the Owner Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [END OF ARTICLE VII]

Appears in 9 contracts

Samples: Amended and Restated Transfer Agreement, Transfer Agreement, Transfer Agreement

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation , strikes, work stoppages , accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 9 contracts

Samples: Senior Note (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Hannon Armstrong Sustainable Infrastructure Capital, Inc., Senior Note (Starwood Property Trust, Inc.)

Force Majeure. In no event shall the Trustee or the Collateral Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee and the Collateral Agent shall use reasonable best efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 9 contracts

Samples: Senior Secured Note (Restaurant Brands International Limited Partnership), Senior Secured Note (Restaurant Brands International Inc.), Senior Secured Note (Restaurant Brands International Limited Partnership)

Force Majeure. In no event shall the Indenture Trustee or the Owner Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Indenture Trustee and the Owner Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [END OF ARTICLE VIII]

Appears in 8 contracts

Samples: Amended and Restated Servicing Agreement, Amended and Restated Servicing Agreement, Amended and Restated Servicing Agreement

Force Majeure. In no event shall the Property Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Property Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 8 contracts

Samples: Trust Agreement (Susquehanna Bancshares Inc), Trust Agreement (Susquehanna Bancshares Inc), Trust Agreement (Susquehanna Bancshares Inc)

Force Majeure. In no event shall the Trustee Purchase Contract Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Purchase Contract Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . The Purchase Contract Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to maintain its computer (hardware and software) services in good working order.

Appears in 8 contracts

Samples: Purchase Contract Agreement (Nextera Energy Inc), Purchase Contract Agreement (Nextera Energy Inc), Purchase Contract Agreement (Nextera Energy Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 8 contracts

Samples: Tapestry, Inc., Senior Note (Trinity Industries Inc), Senior Note (Trinity Parts & Components, LLC)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances .

Appears in 8 contracts

Samples: Catalent, Inc., Senior Note (Catalent, Inc.), Senior Note (Catalent, Inc.)

Force Majeure. In no event shall the Trustee or the Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee and the Agents, as applicable, shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 8 contracts

Samples: Senior Note (Delphi Automotive PLC), Indenture (Delphi Trade Management, LLC), Indenture (Delphi Automotive PLC)

Force Majeure. In no event shall either of the Purchase Contract Agent or the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that each of the Purchase Contract Agent and the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Purchase Contract Agreement (Dynegy Inc.), Purchase Contract Agreement (Post Holdings, Inc.), Purchase Contract Agreement (Forestar Group Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including , without limitation , strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Senior Note (Tallgrass Energy, LP), Senior Note (Jones Energy, Inc.), Senior Note (Tallgrass Energy Partners, LP)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances .

Appears in 7 contracts

Samples: Senior Note (LKQ Corp), Senior Note (LKQ Corp), Senior Note (Mueller Water Products, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [Signature Page Follows]

Appears in 7 contracts

Samples: Supplemental Indenture (Ingredion Inc), Senior Note (Cementos Pacasmayo Saa), Supplemental Indenture (Ingredion Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities , communications or computer (software and hardware) services ; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Supplemental Indenture (Istar Inc.), Senior Note (Istar Inc.), Senior Note (Istar Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Fortress Transportation & Infrastructure Investors LLC, Senior Note (Cable One, Inc.), Senior Note (CONDUENT Inc)

Force Majeure. In no event shall the Trustee or Exchange Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Supplemental Indenture (Amb Property Lp), First Supplemental Indenture (Amb Property Lp), First Supplemental Indenture (Prologis, L.P.)

Force Majeure. In no event shall the Trustee or any Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, fire, riots, strikes, or work stoppages stoppages for any reason, embargoes, governmental actions, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee and each Agent shall use reasonable efforts which are consistent with accepted practices in the U.S. banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Senior Note (Switch, Inc.), Senior Note (Group 1 Automotive Inc), Senior Note (United Natural Foods Inc)

Force Majeure. In no event shall the Trustee or any Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee and such Agent shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 7 contracts

Samples: Shockwave Medical, Inc., 864 Beverage, Inc., Team Inc

Force Majeure. In no event shall the any Issuer Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its their control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Issuer Trustees shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Amended and Restated Trust Agreement (National City Preferred Capital Trust I), Amended and Restated Trust Agreement (Wells Fargo & Co/Mn), Amended and Restated Trust Agreement (Wells Fargo Capital XVIII)

Force Majeure. In no event shall the Trustee Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee The Bank of New York Mellon shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Amended and Restated Agency Agreement (RBC Covered Bond Guarantor Limited Partnership), Amended and Restated Agency Agreement (RBC Covered Bond Guarantor Limited Partnership), Amended and Restated Agency Agreement (Royal Bank of Canada)

Force Majeure. In no event shall the Trustee Collateral Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God god, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Collateral Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Security Agreement (Windstar Energy, LLC), Pledge and Security Agreement (Black Elk Energy Finance Corp.), Subsidiary Guaranty Agreement (Orthovita Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, utilities or communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Indenture (Campus Crest Communities, Inc.), Indenture (Campus Crest Communities, Inc.), STAG Industrial, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services affecting the banking industry generally; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Schwab Charles Corp, Schwab Charles Corp, Schwab Capital Trust Ii

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages , executive order, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.), Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.), Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services , and pandemics or disease; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Senior Note (Providence Service Corp), Senior Note (AdaptHealth Corp.), Senior Note (AdaptHealth Corp.)

Force Majeure. In no event shall the Trustee or the Securities Administrator be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being beyond understood that the Trustee and the Securities Administrator shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 6 contracts

Samples: Senior Note (Nabors Industries LTD), Senior Note (Nabors Industries LTD), Nabors Industries LTD

Force Majeure. In no event shall the Trustee Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee Agents shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Term Loan Agreement (Hornbeck Offshore Services Inc /La), Term Loan Agreement (Hornbeck Offshore Services Inc /La), Second Lien Term Loan Agreement (Hornbeck Offshore Services Inc /La)

Force Majeure. In no event shall the Guarantee Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Guarantee Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . * * * *

Appears in 5 contracts

Samples: Guarantee Agreement (Wells Fargo & Co/Mn), Form of Guarantee Agreement (Huntington Bancshares Inc/Md), Guarantee Agreement (Wells Fargo & Co/Mn)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use undertake commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Keurig Dr Pepper Inc., Dr Pepper Snapple Group, Inc., Dr Pepper Snapple Group, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . [END OF ARTICLE XIII]

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, epidemics, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Convertible Senior Note (Pacific Biosciences of California, Inc.), Senior Note (WisdomTree Investments, Inc.), Investment Agreement (Pacific Biosciences of California, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable, nor shall the Company be responsible or liable to the Trustee, for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Company, as the case may be, shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Td Ameritrade Holding Corp, TD AMERITRADE Online Holdings Corp., Calpine Corp

Force Majeure. In no event shall the Trustee or Conversion Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Supplemental Indenture (Prologis), Supplemental Indenture (Prologis), Supplemental Indenture (Prologis)

Force Majeure. In no event shall the Trustee Warrant Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Warrant Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Warrant Agreement, Warrant Agreement (Tidewater Inc), Warrant Agreement (Gulfmark Offshore Inc)

Force Majeure. In no event shall will the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Senior Note (Sanchez Energy Corp), Senior Note (Sanchez Energy Corp), Rex Energy I, LLC

Force Majeure. In no event The Escrow Agent shall the Trustee not be responsible or liable for any failure or delay in the performance of its obligations hereunder obligation under this Agreement arising out of or caused by caused, directly or indirectly, forces by circumstances beyond its control, including including without limitation acts of God, without limitation earthquakes, strikes fire, work stoppages flood, accidents wars, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God sabotage, and epidemic, riots, interruptions, loss or malfunctions of utilities, communications or computer ( software and hardware hardware or software) or communications services , accidents, nuclear catastrophes, labor disputes, acts of civil or military authority or governmental action; it being understood that the Trustee Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances.

Appears in 5 contracts

Samples: Escrow Agreement (Kindred Healthcare, Inc), Escrow Agreement (Western Digital Corp), Escrow Agreement (Western Digital Corp)

Force Majeure. In no event shall either of the Trustee Trustees be responsible or liable for any failure or delay in the performance of its their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Trustees shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Open Text Corp, Open Text Corp, Open Text Corp

Force Majeure. In no event shall the Trustee Escrow Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Escrow Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Pledge and Escrow Agreement (Northwest Biotherapeutics Inc), Escrow Agreement (Constellation Brands, Inc.), Escrow Agreement (Constellation Brands, Inc.)

Force Majeure. In no event shall the Property Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Property Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . 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.

Appears in 4 contracts

Samples: Bank of America Corp /De/, Bank of America Corp /De/, Bank of America Corp /De/

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, by directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (CNX Resources Corp), Senior Note (CNX Resources Corp), Senior Note (CONSOL Energy Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, including without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of or utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Indenture (Sotherly Hotels Lp), Senior Note (Esterline Technologies Corp), Questar Corp

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services or other unavailability of the Federal Reserve Bank wire or facsimile or other wire or communication facility; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: First Supplemental Indenture (IHS Markit Ltd.), Supplemental Indenture (IHS Markit Ltd.), Supplemental Indenture (IHS Markit Ltd.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services resulting from such forces; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (Greif Inc), Senior Note (Colfax CORP), Senior Note (Colfax CORP)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee and the Collateral Agent shall use reasonable best efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Secured Note (Broader Media Holdings, LLC), Senior Secured Note (iHeartMedia, Inc.), Senior Secured Note (iHeartMedia, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee shall use reasonable best efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Secured Note (REV Group, Inc.), CNO Financial Group, Inc., CNO Financial Group, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable best efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Resideo Technologies, Inc., Exela Technologies, Inc., Clovis Oncology, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances. In no event shall the Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action.

Appears in 4 contracts

Samples: Tenet Healthcare Corp, Tenet Healthcare Corp, Tenet Healthcare Corp

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances.

Appears in 4 contracts

Samples: Harman International Industries Inc /De/, Harman International Industries Inc /De/, Harman International Industries Inc /De/

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Sally Beauty Holdings, Inc., Transocean Inc, Transocean Inc

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . [Remainder of the page intentionally left blank. ]

Appears in 4 contracts

Samples: Senior Secured Note (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemics, pandemics, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Xilinx Inc, Xilinx Inc, Intuit Inc

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts events that a court applying New York law would hold to be included within the term “Acts of God , ,” and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Fidelity National Information Services, Inc., Capital Markets Co, Capital Markets Co

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, epidemics, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services or the unavailability of the Federal Reserve Bank wire or telex write or communication facility; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Form of Subscription Agreement (GigCapital3, Inc.), Senior Note (Luminex Corp), Form of Subscription Agreement (Kaleyra, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, epidemics, quarantine restrictions, recognized public emergencies, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Convertible Senior Note (Uber Technologies, Inc), Senior Note (Wix.com Ltd.), Convertible Senior Note (Alarm.com Holdings, Inc.)

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Secured Note (Nathans Famous Inc), Senior Secured Note (Nathans Famous Inc), Tiptree Inc.

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder or other document or agreement entered into in connection herewith arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or catastrophes, acts of God, God and interruptions interuptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services provided to the Trustee by third parties; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Flowers Foods Inc, Verint Systems Inc, Verint Systems Inc

Force Majeure. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its their control, including, without limitation, strikes, work stoppages stoppages other than of the Trustee, respectively, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities , communications or computer (software and hardware) services ; it being understood that the Trustee Company or Trustee, as applicable, shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (Ciena Corp), Senior Note (Ciena Corp), Senior Note (Ciena Corp)

Force Majeure. In no event shall the Trustee be responsible or liable, nor shall the Company be responsible or liable to the Trustee, for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Company, as the case may be, shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Orient Paper Inc., Lithia Motors Inc, Dakota Plains Holdings, Inc.

Force Majeure. In no event shall the Trustee be responsible or liable, nor shall the Company be responsible or liable to the Trustee, for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Company, as the case may be, shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Polyone Corp, Park Ohio Holdings Corp, Park Ohio Holdings Corp

Force Majeure. In no event shall the Trustee or any Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances , disasters, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (Aegean Marine Petroleum Network Inc.), Senior Note (Sunedison, Inc.), Senior Secured Note (Sunedison, Inc.)

Force Majeure. In no event shall the Trustee or any of the agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the agents (as the case may be) shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: CNOOC Finance (2013) Ltd., CNOOC Finance (2015) U.S.A. LLC, CNOOC Finance (2015) U.S.A. LLC

Force Majeure. In no event shall the Trustee or the Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee and the Agent shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (Proofpoint Inc), Note (Proofpoint Inc), Subordinated Convertible Note (Navistar International Corp)

Force Majeure. In no event shall the Trustee or the Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Agent shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Indenture (Cit Group Inc), Cit Group Inc, Cit Group Inc

Force Majeure. In no event shall the Trustee or the Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services services or the unavailability of the Federal Reserve Bank wire or facsimile or other wire or communication facility; it being understood that the Trustee and the Agents, as applicable, shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Indenture (Arconic Corp), Arconic Inc., Arconic Rolled Products Corp

Force Majeure. In no event shall the Trustee or the Co-Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee and the Co-Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Convertible Note (Jaguar Mining Inc), Senior Convertible Note (Jaguar Mining Inc), Biovail Corp International

Force Majeure. In no event shall the Trustee Warrant Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, including without limitation, limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and or hardware) services ; it being understood that . IN WITNESS WHEREOF, the Trustee shall use reasonable efforts which are consistent with accepted practices in parties hereto have caused this Agreement to be duly executed, as of the banking industry to resume performance as soon as practicable under the circumstances day and year first above written.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Prospect Acquisition Corp), Warrant (Prospect Acquisition Corp), Amended and Restated Warrant Agreement (NTR Acquisition Co.)

Force Majeure. In no event shall will the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder under this Indenture arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, including strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services ; , it being understood that the Trustee shall will use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Senior Note (SMART Global Holdings, Inc.), Senior Note (CalAmp Corp.), Perficient Inc

Force Majeure. In Subject to Section 6.01, in no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Bancorp, Inc., Bancorp, Inc., Diamondback Energy, Inc.

Force Majeure. In no event shall the Trustee any Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee each Agent shall use reasonable efforts which that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by their officers thereunto duly authorized, all as of the date and year first above written.

Appears in 3 contracts

Samples: Agent Agreement (JPMorgan Chase Financial Co. LLC), Agent Agreement (JPMorgan Chase Financial Co. LLC), Agent Agreement (JPMorgan Chase Financial Co. LLC)

Force Majeure. In no event shall the any Issuer Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its their control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee Issuer Trustees shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances . . * * * *

Appears in 3 contracts

Samples: Trust Agreement (Centerstate Banks of Florida Inc), Trust Agreement (SBCF Capital Trust IV), Amended and Restated Trust Agreement (FFBC Capital Trust I)