The Capital Securities. The Capital Securities are being issued to the Investor in the Exchange pursuant to Article II hereof. The shares of Series A Preferred Stock exchanged for the Capital Securities pursuant to Article II hereof are being reacquired by the Company and shall have the status of authorized but unissued shares of preferred stock of the Company undesignated as to series and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as shares of Series A Preferred Stock.
The Capital Securities. Section 4.1 Payment of Distribution; Rights to Distributions Preserved; Notice............................................. 30 Section 4.2
The Capital Securities. The Capital Securities have been duly authorized by the Trust and, when issued, delivered and paid for as provided herein, will be duly and validly issued and will be fully paid and non-assessable beneficial interests in the Trust, entitled to the benefits of the Trust Agreement.
The Capital Securities. Guarantee Trustee shall comply with its obligations under Sections 311(a), 311(b) and 312(b) of the Trust Indenture Act.
The Capital Securities. Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
The Capital Securities. The Capital Securities are being issued to the Investor in the Exchange pursuant to Article II hereof. The shares of Series T Preferred Stock exchanged for the Capital Securities pursuant to Article II hereof are being reacquired by the Company and shall have the status of authorized but unissued shares of preferred stock of the Company undesignated as to series and may be designated or redesignated and issued or reissued, as the case may be, as part of any series of preferred stock of the Company; provided that such shares shall not be reissued as shares of Series T Preferred Stock.
The Capital Securities. SECTION 4.1. PAYMENT OF DISTRIBUTION; RIGHTS TO DISTRIBUTIONS PRESERVED; DISTRIBUTION RATE RESET; NOTICE.............................25 SECTION 4.2. NOTICE AND VOTING.............................................26 SECTION 4.3. DISTRIBUTION OF DEBENTURES; TAX EVENT REDEMPTION............ .26
The Capital Securities. Section 3.01. Amount Unlimited; Issuable in Series...........................15 Section 3.02. Denominations..................................................17 Section 3.03. Execution, Authentication, Delivery and Dating.................17 Section 3.04. Temporary Capital Securities...................................18 Section 3.05. Registration, Registration of Transfer and Exchange............19 Section 3.06. Mutilated, Destroyed, Lost and Stolen Capital Securities.......22 Section 3.07.
The Capital Securities. Under the Delaware Statutory Trust Act, the form of certificates attached to the Trust Agreement to represent the Normal APEX, the Capital APEX and the Stripped APEX are appropriate forms of certificates to evidence ownership of the Normal APEX, the Capital APEX and the Stripped APEX, respectively. The Normal APEX have been duly authorized by the Trust Agreement and, when delivered to the Underwriters, in accordance with this Agreement, will be validly issued and fully paid and non-assessable beneficial interests in the Trust. The holders of the Normal APEX, the Capital APEX and the Stripped APEX are entitled to the benefits provided by the Trust Agreement (subject to the terms of the Trust Agreement); the Capital APEX and the Stripped APEX, when issued upon an Exchange in accordance with the terms of the Trust Agreement, will have been duly and validly issued and, will be fully paid and non-assessable beneficial interests in the Trust; and the holders of the Normal APEX, the Capital APEX and the Stripped APEX, as beneficial owners of the Trust, will be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the General Corporation Law of the State of Delaware, provided that such counsel may note that the holders of the Normal APEX, the Capital APEX and the Stripped APEX, as applicable, and of the Trust Common Securities may be obligated, pursuant to the Trust Agreement, to (A) provide indemnity and/or security in connection with and pay taxes or governmental charges arising from transfers or exchanges of Normal APEX, Capital APEX or Stripped APEX certificates and the issuance of replacement of such certificates, and (B) provide security and indemnity in connection with requests of or directions to the Property Trustee (as defined in the Trust Agreement) to exercise its rights and remedies under the Trust Agreement.
The Capital Securities
