Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 58 contracts
Samples: Trust Agreement (Whitney Capital Trust I), Trust Agreement (Huntington Bancshares Inc/Md), Trust Agreement (Capitalsource Inc)
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 54 contracts
Samples: Trust Agreement (Impac Mortgage Holdings Inc), Trust Agreement (Impac Mortgage Holdings Inc), Trust Agreement (Reading International Inc)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 30 contracts
Samples: Trust Agreement (Commercial Capital Bancorp Inc), Trust Agreement (First Community Bancorp /Ca/), Trust Agreement (Macon Financial Corp.)
Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 22 contracts
Samples: Amended and Restated Trust Agreement (Lexington Realty Trust), Trust Agreement, Trust Agreement (Alesco Financial Inc)
Number of Trustees. The number of Trustees shall be five four (54), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 8 contracts
Samples: Trust Agreement (First Citizens Bancshares Inc /De/), Trust Agreement (Paragon Commercial CORP), Trust Agreement (Bluegreen Corp)
Number of Trustees. The number of Trustees shall be five (5), provided, ; provided that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 5 contracts
Samples: Trust Agreement (Gramercy Capital Corp), Trust Agreement (Desert Capital Reit Inc), Trust Agreement (Beazer Homes Usa Inc)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust. SECTION 8.2.
Appears in 3 contracts
Samples: Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp)
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Bank of Kentucky Financial Corp), And (Southcoast Financial Corp)
Number of Trustees. The number of Trustees shall be five six (56), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four five (45). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Green Bankshares, Inc.), Trust Agreement (United Bancorp Inc /Oh/)
Number of Trustees. The number of Trustees shall be five (5), provided; PROVIDED, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc)
Number of Trustees. (a) The number of Trustees shall be five (5), provided; PROVIDED, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Uici), Trust Agreement (Uici)
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, ------------ 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, --- --- incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Samples: Trust Agreement (First Banks, Inc)
Number of Trustees. The number of Trustees shall be five FOUR (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. 1 The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of Administrators. The Property Trustee and the Delaware Trustee may be the same Person. 2 If a Trustee ceases to hold office for any reason and the number of Administrators is not reduced pursuant to Section 8.17(a), in which case or if the number of Trustees shall be four (4is increased pursuant to Section 8.17(a). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.vacancy
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. 8.4 The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.
Appears in 1 contract
Samples: Trust Agreement (Bnccorp Inc)
