Common use of Issuance of the Common Securities; Subscription and Purchase of Notes Clause in Contracts

Issuance of the Common Securities; Subscription and Purchase of Notes. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2 and 5.3 and the Property Trustee shall authenticate and shall deliver to the Sponsor, Common Securities Certificates, registered in the name of the Sponsor, evidencing an aggregate of [10 Common Securities] having an aggregate Liquidation Amount of $10,000, against receipt of the aggregate purchase price of such Common Securities of $10,000 by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Sponsor the Notes, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $[ ] and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Sponsor the sum of $[ ] (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5). In connection with any subsequent issuance of Preferred Securities as set forth in the last sentence of Section 2.4, an Administrative Trustee, on behalf of the Issuer Trust, shall contemporaneously with any such additional issuance, subscribe to and purchase from the Sponsor Notes, registered in the name of the Issuer Trust, having an aggregate principal amount equal to the aggregate Liquidation Amount of Preferred Securities being issued by the Issuer Trust pursuant to the last sentence of Section 2.4 against payment of a purchase price equal to the aggregate purchase prices of the Preferred Securities being so issued.

Issuance of the Common Securities; Subscription and Purchase of Notes. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2 and 5.3 and the Property Trustee shall authenticate and shall deliver to the Sponsor, Common Securities Certificates, registered in the name of the Sponsor, evidencing an aggregate of [10 Common Securities] having an aggregate Liquidation Amount of $[10,000], against receipt of the aggregate purchase price of such Common Securities of $10,000 [10,000] by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Sponsor the Notes, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $[ ] and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Sponsor the sum of $[ ] (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5). In connection with any subsequent issuance of Preferred Securities as set forth in the last sentence of Section 2.4, an Administrative Trustee, on behalf of the Issuer Trust, shall contemporaneously with any such additional issuance, subscribe to and purchase from the Sponsor Notes, registered in the name of the Issuer Trust, having an aggregate principal amount equal to the aggregate Liquidation Amount of Preferred Securities being issued by the Issuer Trust pursuant to the last sentence of Section 2.4 against payment of a purchase price equal to the aggregate purchase prices of the Preferred Securities being so issued.

Issuance of the Common Securities; Subscription and Purchase of Notes. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2 and 5.3 and the Property Trustee shall authenticate and shall deliver to the Sponsor, Common Securities Certificates, registered in the name of the Sponsor, evidencing an aggregate of [10 Common Securities] Securities having an aggregate Liquidation Amount of $10,000, against receipt of the aggregate purchase price of such Common Securities of $10,000 by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Sponsor the Notes, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $[ ] 200,010,000 and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Sponsor the sum of $[ ] 199,354,000.00 (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5). In connection with any subsequent issuance of Preferred Securities as set forth in the last sentence of Section 2.4, an Administrative Trustee, on behalf of the Issuer Trust, shall contemporaneously with any such additional issuance, subscribe to and purchase from the Sponsor Notes, registered in the name of the Issuer Trust, having an aggregate principal amount equal to the aggregate Liquidation Amount of Preferred Securities being issued by the Issuer Trust pursuant to the last sentence of Section 2.4 against payment of a purchase price equal to the aggregate purchase prices of the Preferred Securities being so issued.

Issuance of the Common Securities; Subscription and Purchase of Notes. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2 and 5.3 and the Property Trustee shall authenticate and shall deliver to the Sponsor, Common Securities Certificates, registered in the name of the Sponsor, evidencing an aggregate of [10 Common Securities] having an aggregate Liquidation Amount of $[10,000], against receipt of the aggregate purchase price of such Common Securities of $10,000 [10,000] by the Property Trustee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall subscribe for and purchase from the Sponsor the Notes, registered in the name of the Property Trustee on behalf of the Issuer Trust and having an aggregate principal amount equal to $[ [•] and, in satisfaction of the purchase price for such Notes, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Sponsor the sum of $[ [•] (being the sum of the amounts delivered to the Property Trustee pursuant to (i) the second sentence of Section 2.4, and (ii) the first sentence of this Section 2.5). In connection with any subsequent issuance of Preferred Securities as set forth in the last sentence of Section 2.4, an Administrative Trustee, on behalf of the Issuer Trust, shall contemporaneously with any such additional issuance, subscribe to and purchase from the Sponsor Notes, registered in the name of the Issuer Trust, having an aggregate principal amount equal to the aggregate Liquidation Amount of Preferred Securities being issued by the Issuer Trust pursuant to the last sentence of Section 2.4 against payment of a purchase price equal to the aggregate purchase prices of the Preferred Securities being so issued.

Issuance of the Common Securities; Subscription and Purchase of Notes. Contemporaneously with On the execution and delivery of this Trust AgreementClosing Date, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2 and Section 5.3 and the Property Trustee shall authenticate and shall deliver to the Sponsor, Depositor a Common Securities CertificatesCertificate, registered in the name of the SponsorDepositor, evidencing an aggregate of [10 4,000 Common Securities] , each having a Liquidation Amount of $25 and having an aggregate Liquidation Amount of $10,000100,000, against receipt payment by the Depositor of such amount, which such Administrative Trustee, on behalf of the aggregate purchase price of such Common Securities of $10,000 by Issuer Trust, shall promptly deliver to the Property TrusteeTrustee or its designee. Contemporaneously therewith, an Administrative Trustee, on behalf of the Issuer Trust, shall (x) subscribe for to and purchase from the Sponsor Depositor the Notes, Notes registered in the name of the Property Trustee on behalf Issuer Trust or, upon order of an Administrative Trustee, in the name of the Issuer Trust Collateral Agent, and having an aggregate principal amount equal to $[ ] and], in satisfaction of (y) deliver to the Depositor the purchase price for such Notes, the Property Trustee, on behalf of the Issuer Trust, shall deliver to the Sponsor the sum of $[ ] therefor (being the sum of the amounts delivered to the Property Trustee or its designee pursuant to (i) the second sentence of Section 2.4, 2.4(a) and (ii) the first sentence of this Section 2.5), and (z) instruct the Depositor to deliver the Notes to the Collateral Agent for deposit in the Collateral Account. In connection with any subsequent issuance of Trust Preferred Securities as set forth in the last penultimate sentence of Section 2.42.4(a), an Administrative Trustee, on behalf of the Issuer Trust, shall contemporaneously with any such additional issuance, subscribe to and purchase from the Sponsor Notes, Depositor the Notes registered in the name of the Issuer TrustTrust or, upon order of an Administrative Trustee, in the name of the Collateral Agent, and having an aggregate initial principal amount equal to the aggregate Liquidation Amount of Preferred Securities Normal PPS being issued by the Issuer Trust pursuant to the last penultimate sentence of Section 2.4 2.4(a) against payment of a purchase price equal to the aggregate purchase prices price of the Preferred Securities Normal PPS being so issuedissued and shall instruct the Depositor to deliver the Notes to the Collateral Agent for deposit in the Collateral Account.