Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, bankruptcy, termination, dissolution or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor annul, dissolve or terminate the Trust nor entitle the legal representatives or heirs of such Person or any Holder for such Person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Limitation of Rights of Holders. The death or incapacity of any person having an interest, beneficial or otherwise, in a Note shall not operate to terminate this Agreement, nor entitle the legal representatives or heirs of such person or any Holder for such person to claim an accounting, take any action or bring any proceeding in any court for a termination of any Notes, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, termination, dissolution, bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Amended Declaration, nor dissolve, terminate or annul the Issuer Trust, nor entitle the legal representatives, successors or heirs of such Person or any Holder for such person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. All parties to this Amended Declaration agree, and each Holder of any Trust Securities by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit against any Issuer Trustee for any action taken or omitted by it as Issuer Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this paragraph shall not apply to any suit instituted by any Issuer Trustee or to any suit instituted by any Holder or group of Holders of more than 10% in aggregate number of the outstanding Trust Securities.
Limitation of Rights of Holders. 63 SECTION 10.2. Amendment.............................. 64 SECTION 10.3. Separability........................... 65 SECTION 10.4. Governing Law.......................... 65 SECTION 10.5. Payments Due on Non-Business Day....... 65 SECTION 10.6. Successors............................. 66 SECTION 10.7. Headings............................... 66 SECTION 10.8. Reports, Notices and Demands........... 66 SECTION 10.9. Agreement Not to Petition.............. 67 SECTION 10.10. Trust Indenture Act; Conflict with Trust Indenture Act.................. 67 SECTION 10.11. Acceptance of Terms of Trust Agreement, Guarantee and Indenture.............. 69 Exhibit A Certificate of Trust Exhibit B Form of Certificate Depositary Agreement Exhibit C Form of Common Securities Certificate Exhibit D Form of Preferred Securities Certificate Amended and Restated Trust Agreement, dated as of May __, 1997, among (i) National Penn Bancshares, Inc., a Pennsylvania corporation (including any successors or assigns, the "Depositor"), (ii) Bankers Trust Company, a New York banking corporation, as property trustee, (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), and (iii) Bankers Trust (Delaware), a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee") (the Property Trustee and the Delaware Trustee are referred to collectively herein as the "Issuer Trustees") and (iv) the several Holders, as hereinafter defined.
Limitation of Rights of Holders. 58 Section 10.2. Amendment.............................................................. 58 Section 10.3. Separability........................................................... 60 Section 10.4. Governing Law.......................................................... 60 Section 10.5. Payments Due on Non-Business Day....................................... 60 Section 10.6. Successors............................................................. 60 Section 10.7. Headings............................................................... 60 Section 10.8. Reports, Notices and Demands........................................... 60 Section 10.9. Agreement Not to Petition.............................................. 61 Section 10.10. Trust Indenture Act; Conflict with Trust Indenture Act................. 62 Section 10.11. Acceptance of Terms of Trust Agreement, Guarantee Agreement and Indenture......................................................... 62 EXHIBITS Exhibit A Certificate of Trust Exhibit B Form of Certificate Depository Agreement Exhibit C Form of Common Securities Certificate Exhibit D Form of Expense Agreement Exhibit E Form of Capital Securities Certificate Exhibit F Form of Restricted Securities Certificate AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 11, 1997, among (i) State Street Boston Corporation, a Massachusetts corporation (including any successors or assigns, the "Depositor"), (ii) The First National Bank of Chicago, a national banking association, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) First Chicago Delaware Inc., a Delaware corporation, as Delaware trustee (in such capacity, the "Delaware Trustee") (the Property Trustee and the Delaware Trustee being referred to collectively as the "Issuer Trustees"), and (iv) the several Holders, as hereinafter defined.
Limitation of Rights of Holders. 55 SECTION 11.2. Agreed Tax Treatment of Trust and Trust Securities. 55 SECTION 11.3. Amendment. 56 SECTION 11.4. Separability. 57 SECTION 11.5. Governing Law. 57 SECTION 11.6. Successors. 57 SECTION 11.7. Headings. 57 SECTION 11.8. Reports, Notices and Demands. 58 SECTION 11.9. Agreement Not to Petition. 58 Exhibit A Certificate of Trust of GreenBank Capital Trust I Exhibit B Form of Common Securities Certificate Exhibit C Form of Preferred Securities Certificate Exhibit D Junior Subordinated Indenture Exhibit E Form of Transferee Certificate to be Executed by Transferees other than QIBs Exhibit F Form of Transferee Certificate to be Executed by QIBs Exhibit G Form of Officer’s Certificate Schedule A Calculation of LIBOR AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 16, 2007, among (i) Xxxxxx County Bancshares, Inc., a Tennessee corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) R. Xxxx Xxxxxxx, an individual, Xxxx Xxxxxx, an individual, Xxxxx X. Xxxxx, an individual and Xxxx Xxxxx, an individual, each of whose address is c/x Xxxxxx County Bancshares, Inc., 000 Xxxxx Xxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
Limitation of Rights of Holders. 58 Section 10.2. Amendment.......................................................................................... 58 Section 10.3. Separability....................................................................................... 59 Section 10.4. Governing Law...................................................................................... 60 Section 10.5. Payments Due on Non-Business Day................................................................... 60 Section 10.6. Successors......................................................................................... 60 Section 10.7. Headings........................................................................................... 60 Section 10.8. Reports, Notices and Demands....................................................................... 60 Section 10.9. Agreement Not to Petition.......................................................................... 61 Section 10.10. Trust Indenture Act; Conflict with Trust Indenture Act............................................ 61 Section 10.11. Acceptance of Terms of Trust Agreement, Guarantee and Indenture................................... 62 Section 10.12. Counterparts...................................................................................... 62 Exhibit A Certificate of Trust Exhibit B Form of Common Securities Certificate Exhibit C Form of Capital Securities Certificate Exhibit D Expense Agreement AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ], [ ], among (i) The Goldman Sachs Group, Inc., a Delaware corporation (including any succexxxxx xr assigns, the "Depositor"), (ii) The Bank of New York, a New York banking corporation, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee"), (iv) [ ], an individual, and [ ] an individual, each of whose address is c/o The Goldman Sachs Group, Inc., 85 Broad Street, New York, New York 10004 (xxxx xx "Xxxxnistrative Truxxxx" xxx xxxxxxxxxxxx xxx "Xxxxxxxxxxxxxe Trustees") and (v) the several Holders, as hereinafter defined.
Limitation of Rights of Holders. SECTION 10.2. Agreed Tax Treatment of Trust and Trust Securities SECTION 10.3. Amendment SECTION 10.4. Separability SECTION 10.5. Governing Law SECTION 10.6. Successors
Limitation of Rights of Holders. SECTION 10.2. AMENDMENT........................................................................................... SECTION 10.3. SEPARABILITY........................................................................................ SECTION 10.4.
Limitation of Rights of Holders. 63 Section 12.2. Amendment...................................................................... 63 Section 12.3. Separability................................................................... 65 Section 12.4. Governing Law.................................................................. 65 Section 12.5. Payments Due on Non-Business Day............................................... 65 Section 12.6. Successors..................................................................... 66 Section 12.7. Headings....................................................................... 66 Section 12.8. Reports, Notices and Demands................................................... 66 Section 12.9. Agreement Not to Petition...................................................... 67 Section 12.10. Trust Indenture Act; Conflict with Trust Indenture Act......................... 67 TABLE OF CONTENTS (continued) EXHIBITS: Exhibit A - Certificate of Amendment to Certificate of Trust Exhibit B - Form of Common Securities Certificate Exhibit C - Form of Trust Preferred Securities Certificate AMENDED AND RESTATED DECLARATION OF TRUST (the "Trust Agreement"), dated as of June 21, 2005 among (i) MetLife, Inc., a Delaware corporation (including any successors or assigns, the "Sponsor"), (ii) X.X. Xxxxxx Trust Company, National Association, not in its individual capacity but solely as property trustee (in such capacity, the "Property Trustee"), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the "Delaware Trustee"), and (iv) Xxxxxxx X. Xxxxxxxxxx, an individual, Xxxxxx Xxxxxx, an individual and Xxxxxx Xxxxxx, an individual, each of whose address is c/o MetLife, Inc., 00-00 Xxxxxx Xxxxx Xxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000 (each, an "Administrative Trustee," and collectively, the "Administrative Trustees") (the Property Trustee, the Delaware Trustee, and the Administrative Trustees being referred to collectively as the "Trustees"), and (v) the several Holders, as hereinafter defined.