Common use of Rights in Other Capacities Clause in Contracts

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the CompanyCorporation) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the CompanyCorporation; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company Corporation that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Equity Security Units or Stripped Equity Security Units and any holder of Separate Notes (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Equity Security Units or Stripped Equity Security Units or any holder of Separate Notes without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Income PRIDES or Growth PRIDES and any holder of Separate Senior Notes (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Income PRIDES or Growth PRIDES or any holder of Separate Senior Notes without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Securities and any holder of separate Preferred Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Securities or any holder of separate Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities and any holder of Separate Capital Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities or any holder of Separate Capital Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities and any holder of Separate Capital Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities or any holder of Separate Capital Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than assets of any such Person. The parties to this Agreement hereby agree that the lien created by same Person may act as Collateral Agent hereunder and as Purchase Contract Agent under the PledgePurchase Contract Agreement.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Income PRIDES or Growth PRIDES and any holder of Separate Preferred Securities Shares (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Income PRIDES or Growth PRIDES or any holder of Separate Preferred Securities Shares without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Normal Units or Stripped Units and any holder of Separate Debt Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Normal Units or Stripped Units or any holder of Separate Debt Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities and any holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the --------------------------------------- Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities and any holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities #Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein Collateral Agreement and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the CompanyTECO) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Units and any holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Units or any holder of Separate Trust Preferred Securities without having to account for the same to the CompanyTECO; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company TECO that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustForward Purchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Equity Units or Stripped Units and any holder of Separate Notes (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustForward Purchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities Equity Units or Stripped Units or any holder of Separate Notes without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities IntermediaryCollateral Agent, the Custodial Agent and the Collateral Agent Securities Intermediary covenants and agrees with the Company that that, except as provided in this Agreement, it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustForward Purchase Contract Agent, any other Person interested herein and any Holder of Trust Income PRIDES or Growth PRIDES and any holder of Separate Preferred Securities Stock (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustForward Purchase Contract Agent, any other Person interested herein and any Holder of Trust Income PRIDES or Growth PRIDES or any holder of Separate Preferred Securities Stock without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally COLLATERAL AGREEMENT engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities and any holder of Separate Trust Preferred Securities (and any of their respective subsidiaries or Affiliatesof affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Securities or any holder of Separate Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities and any holder of Separate Notes (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Preferred Securities or any holder of Separate Notes without having to account for the same to the Company; provided, however, PROVIDED that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall be segregated on the books and records of the Collateral Agent and not commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Capital Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Capital Securities without having to account for the same to the Company; provided, however, that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar Intermediary and their Affiliates affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Units and any holder of Separate Preferred Securities (and any of their respective subsidiaries or Affiliatesaffiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities RegistrarIntermediary, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, Agent and the Securities Registrar Intermediary and their Affiliates affiliates may accept fees and other consideration from the Issuer TrustPurchase Contract Agent, any other Person interested herein and any Holder of Trust Units or any holder of Separate Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself (and waives any right of set-off or banker's lien with respect to) and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral and the Collateral shall not be commingled with any other than the lien created by the Pledgeassets of any such Person.

Rights in Other Capacities. The Collateral Agent, the Securities Intermediary, the Custodial Agent and the Securities Registrar and their Affiliates may (without having to account therefor to the Company) accept deposits from, lend money to, make their investments in and generally engage in any kind of banking, trust or other business with the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities (and any of their respective subsidiaries or Affiliates) as if it were not acting as the Collateral Agent, the Securities Intermediary, the Custodial Agent or the Securities Registrar, as the case may be, and the Collateral Agent, the Securities Intermediary, the Custodial Agent, the Securities Registrar and their Affiliates may accept fees and other consideration from the Issuer Trust, any other Person interested herein and any Holder of Trust Preferred Securities without having to account for the same to the Company; provided, however, provided that each of the Securities Registrar, the Securities Intermediary, the Custodial Agent and the Collateral Agent covenants and agrees with the Company that it shall not accept, receive or permit there to be created in favor of itself and shall take no affirmative action to permit there to be created in favor of any other Person, any security interest, lien or other encumbrance of any kind in or upon the Collateral other than the lien created by the Pledge.. Collateral Agreement