Common use of Option Trust Preferred Securities Clause in Contracts

Option Trust Preferred Securities. The Trust hereby grants an option to the Underwriters, severally and not jointly, to purchase, on up to two occasions, up to a total of 6,600,000 Option Trust Preferred Securities at a price per Option Trust Preferred Security equal to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder may be exercised on up to two occasions in whole or in part within 15 days from the date of this Agreement upon notice by the Representatives to the DB Entities setting forth (i) the amount of Option Trust Preferred Securities as to which the Underwriters are exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each time and date of payment and delivery for such Option Trust Preferred Securities (the “Date of Delivery”) shall be determined by the Representatives, but shall not be later than seven full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by the Representatives and the DB Entities. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, severally and not jointly, agrees to purchase that proportion of the amount of Option Trust Preferred Securities then being purchased which the aggregate amount of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto bears to the aggregate amount of Initial Underwritten Trust Preferred Securities, subject to such adjustments as the Representatives, in their discretion, may make to eliminate any sales or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Deutsche Bank Contingent Capital LLC V)

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Option Trust Preferred Securities. The Trust hereby grants an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 6,000,000 Option Trust Preferred Securities at a price per Option Trust Preferred Security equal to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder may be exercised on up to two occasions in whole or in part within 15 days from the date of this Agreement upon notice by the Representatives to the DB Entities setting forth (i) the amount of Option Trust Preferred Securities as to which the Underwriters are exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each The time and date of payment and delivery for such Option Trust Preferred Securities (the “Date of Delivery”) shall be determined by the Representatives, but shall not be later than seven full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by the Representatives and the DB Entities. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, severally and not jointly, agrees to purchase that proportion of the amount of Option Trust Preferred Securities then being purchased which the aggregate amount of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto bears to the aggregate amount of Initial Underwritten Trust Preferred Securities, subject to such adjustments as the Representatives, in their discretion, may make to eliminate any sales or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section SECTION 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Deutsche Bank Capital Funding LLC IX)

Option Trust Preferred Securities. The On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust hereby grants to the Underwriters an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 an additional 5,400,000 Option Trust Preferred Securities at a the purchase price per Option Trust Preferred Security equal referred to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments in Section 2(a). Such option shall expire 30 days from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder hereof, and may be exercised on up to two occasions in whole or in part within 15 days from time to time only for the date purpose of this Agreement covering over-allotments in connection with the offering and distribution of the Initial Trust Preferred Securities upon notice by the Representatives Representative to the DB Entities Company setting forth (i) the amount number of Option Trust Preferred Securities as to which the several Underwriters are then exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each time and date of payment and delivery for such Option Trust Preferred Securities Securities. Any such time and date of delivery (the a “Date of Delivery”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days and not earlier than two full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by between the Representatives Representative and the DB EntitiesCompany. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, acting severally and not jointly, agrees to shall purchase that proportion of the amount total number of Option Trust Preferred Securities then being purchased which the aggregate amount total number of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto I opposite the name of such Underwriter bears to the aggregate amount total number of Initial Underwritten Trust Preferred Securities, subject in each case to such adjustments as the Representatives, Representative in their discretion, may its discretion shall make to eliminate any sales sale or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Trust Preferred Securities. The Trust hereby grants an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 Option Trust Preferred Securities at a price per Option Trust Preferred Security equal to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder may be exercised on up to two occasions in whole or in part within 15 [15] days from the date of this Agreement upon notice by the Representatives to the DB Entities setting forth (i) the amount of Option Trust Preferred Securities as to which the Underwriters are exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each The time and date of payment and delivery for such Option Trust Preferred Securities (the “Date of Delivery”) shall be determined by the Representatives, but shall not be later than seven full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by the Representatives and the DB Entities. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, severally and not jointly, agrees to purchase that proportion of the amount of Option Trust Preferred Securities then being purchased which the aggregate amount of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto bears to the aggregate amount of Initial Underwritten Trust Preferred Securities, subject to such adjustments as the Representatives, in their discretion, may make to eliminate any sales or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section SECTION 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Deutsche Bank Capital Funding Trust X)

Option Trust Preferred Securities. The Trust hereby grants an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 Option Trust Preferred Securities at a price per Option Trust Preferred Security equal to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder may be exercised on up to two occasions in whole or in part within 15 [15] days from the date of this Agreement upon notice by the Representatives to the DB Entities setting forth (i) the amount of Option Trust Preferred Securities as to which the Underwriters are exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each The time and date of payment and delivery for such Option Trust Preferred Securities (the “Date of Delivery”) shall be determined by the Representatives, but shall not be later than seven full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by the Representatives and the DB Entities. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, severally and not jointly, agrees to purchase that proportion of the amount of Option Trust Preferred Securities then being purchased which the aggregate amount of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto bears to the aggregate amount of Initial Underwritten Trust Preferred Securities, subject to such adjustments as the Representatives, in their discretion, may make to eliminate any sales or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Deutsche Bank Contingent Capital LLC III)

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Option Trust Preferred Securities. The On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust hereby grants to the Underwriters an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 an additional 4,500,000 Option Trust Preferred Securities at a the purchase price per Option Trust Preferred Security equal referred to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments in Section 2(a). Such option shall expire 30 days from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder hereof, and may be exercised on up to two occasions in whole or in part within 15 days from time to time only for the date purpose of this Agreement covering over-allotments in connection with the offering and distribution of the Initial Trust Preferred Securities upon notice by the Representatives Representative to the DB Entities Company setting forth (i) the amount number of Option Trust Preferred Securities as to which the several Underwriters are then exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each time and date of payment and delivery for such Option Trust Preferred Securities Securities. Any such time and date of delivery (the a “Date of Delivery”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days and not earlier than two full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by between the Representatives Representative and the DB EntitiesCompany. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, acting severally and not jointly, agrees to shall purchase that proportion of the amount total number of Option Trust Preferred Securities then being purchased which the aggregate amount total number of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto I opposite the name of such Underwriter bears to the aggregate amount total number of Initial Underwritten Trust Preferred Securities, subject in each case to such adjustments as the Representatives, Representative in their discretion, may its discretion shall make to eliminate any sales sale or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Trust Preferred Securities. The On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust hereby grants to the Underwriters an option to the Underwriters, severally and not jointly, to purchase, on purchase up to two occasions, up to a total of 6,600,000 an additional 6,000,000 Option Trust Preferred Securities at a the purchase price per Option Trust Preferred Security equal referred to the price per Initial Underwritten Trust Preferred Security plus the amount of accrued capital payments in Section 2(a). Such option shall expire 30 days from and including the original issue date and to but excluding the date of issuance of the Option Trust Preferred Securities. The option granted hereunder hereof, and may be exercised on up to two occasions in whole or in part within 15 days from time to time only for the date purpose of this Agreement covering over-allotments in connection with the offering and distribution of the Initial Trust Preferred Securities upon notice by the Representatives Representative to the DB Entities Company setting forth (i) the amount number of Option Trust Preferred Securities as to which the several Underwriters are then exercising the option and (ii) the time, date and place of payment and delivery for such Option Trust Preferred Securities. Each time and date of payment and delivery for such Option Trust Preferred Securities Securities. Any such time and date of delivery (the a “Date of Delivery”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days and not earlier than two full business days after the exercise of the said option, nor in any event prior to the Closing Time, unless otherwise agreed upon by between the Representatives Representative and the DB EntitiesCompany. If the option is exercised as to all or any portion of the Option Trust Preferred Securities, each of the Underwriters, acting severally and not jointly, agrees to shall purchase that proportion of the amount total number of Option Trust Preferred Securities then being purchased which the aggregate amount total number of Initial Underwritten Trust Preferred Securities each such Underwriter has severally agreed to purchase as set forth in Schedule A hereto I opposite the name of such Underwriter bears to the aggregate amount total number of Initial Underwritten Trust Preferred Securities, subject in each case to such adjustments as the Representatives, Representative in their discretion, may its discretion shall make to eliminate any sales sale or purchases of a fractional amounts of Option Trust Preferred Securities, plus any additional amount of Trust Preferred Securities which such Underwriters may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Lynch & Co Inc)

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