Common use of Trust Administration Clause in Contracts

Trust Administration. Acquiror and Bank did not exercise trust powers, including, but not limited to, trust administration, prior to January 1, 2001 and have not exercised such trust powers for a period of at least 3 years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001. The term "trusts" as used in this Section 3.14 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror or Bank, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, charitable trust indentures; (ii) any and all decedents' estates where Acquiror or Bank are serving or have served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx non, administrator xx xxxxx non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianships, conservatorships or similar positions where Acquiror or Bank are serving or have served as a co-grantor or a sole grantor or a conservator or a co-conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror or Bank are serving or have served as an agent or custodian for the owner or other party establishing the account with or without investment authority.

Trust Administration. Acquiror and Bank did Except for acting as a custodian or trustee -------------------- under individual retirement accounts, BOP does not exercise presently maintain trusts or exercises trust powers, including, but not limited to, trust administration, prior to January 1, 2001 and have not neither of them nor any predecessor has maintained any trusts or exercised such trust powers for a period of at least 3 three years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001date hereof. The term "trusts" as used in this Section 3.14 4.33 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror BOP or Bankany of its predecessors, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, and charitable trust indentures; (ii) any and all decedents' estates where Acquiror BOP or Bank are any of its predecessors is serving or have has served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx non, administrator xx xxxxx non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianships, conservatorships or similar positions where Acquiror BOP or Bank are any of its predecessors is serving or have has served as a co-grantor or a sole grantor or a conservator or a co-co- conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror BOP or Bank are any of its predecessors is serving or have has served as an agent or custodian for the owner or other party establishing the account with or without investment authority.

Trust Administration. Acquiror and Bank did not exercise Neither SJNB nor the SJNB Subsidiaries -------------------- presently maintains trusts or exercises trust powers, including, but not limited to, trust administration, prior to January 1, 2001 and have not none of them nor any predecessor has maintained any trusts or exercised such trust powers for a period of at least 3 three years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001date hereof. The term "trusts" as used in this Section 3.14 4.33 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror SJNB or Bankthe SJNB Subsidiaries or any of their predecessors, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, and charitable trust indentures; (ii) any and all decedents' estates where Acquiror SJNB or Bank are the SJNB Subsidiaries or any of their predecessors is serving or have has served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx non, administrator xx xxxxx non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianships, conservatorships or similar positions where Acquiror SJNB or Bank are the SJNB Subsidiaries or any of their predecessors is serving or have has served as a co-grantor or a sole grantor or a conservator or a co-conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror SJNB or Bank are the SJNB Subsidiaries or any of their predecessors is serving or have has served as an agent or custodian for the owner or other party establishing the account with or without investment authority.

Trust Administration. Acquiror and Bank did not exercise Neither Bancorp, Western or any of the Bancorp Subsidiaries exercises trust powers, including, but --------------------- not limited to, trust administration, prior to January 1, 2001 and have not neither they nor any predecessor has exercised such trust powers for a period of at least 3 three years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001date hereof. The term "trusts" as used in this Section 3.14 4.34 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror Bancorp, Western or Bankany of the Bancorp Subsidiaries or a predecessor, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, and charitable trust indentures; (ii) any and all decedents' estates where Acquiror Bancorp, Western and Bancorp Subsidiaries or Bank are a predecessor is serving or have has served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx de bonis non, administrator xx xxxxx de bonis non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianshipsguardxxxxxxxx, conservatorships or similar xx xxxxxar positions where Acquiror Bancorp, Western or Bank are any of the Bancorp Subsidiaries or a predecessor is serving or have has served as a co-grantor or a sole grantor or a conservator or a co-conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror Bancorp, Western or Bank are any of the Bancorp Subsidiaries or a predecessor is serving or have has served as an agent or custodian for the owner or other party establishing the account with or without investment authority.

Trust Administration. Acquiror and Bank did Except for acting as a custodian or trustee -------------------- under individual retirement accounts, BSC does not exercise presently maintain trusts or exercises trust powers, including, but not limited to, trust administration, prior to January 1, 2001 and have not neither of them nor any predecessor has maintained any trusts or exercised such trust powers for a period of at least 3 three years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001date hereof. The term "trusts" as used in this Section 3.14 4.33 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror BSC or Bankany of its predecessors, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, and charitable trust indentures; (ii) any and all decedents' estates where Acquiror BSC or Bank are any of its predecessors is serving or have has served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx non, administrator xx xxxxx non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianships, conservatorships or similar positions where Acquiror BSC or Bank are any of its predecessors is serving or have has served as a co-grantor or a sole grantor or a conservator or a co-co- conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror BSC or Bank are any of its predecessors is serving or have has served as an agent or custodian for the owner or other party establishing the account with or without investment authority.

Trust Administration. Acquiror and Bank did not exercise Except for acting as a trustee under -------------------- individual retirement accounts, neither MDB nor MDNB presently maintains trusts or exercises trust powers, including, but not limited to, trust administration, prior to January 1, 2001 and have not neither of them nor any of their predecessors has maintained any trusts or exercised such trust powers for a period of at least 3 three years prior to said; provided, however, Bank was granted authority to exercise trust powers by the Commissioner and the FDIC. Bank commenced the exercise of trust power on or about January 1, 2001date hereof. The term "trusts" as used in this Section 3.14 4.33 includes (i) any and all common law or other trusts between an individual, corporation or other entities and Acquiror MDB and MDNB or Bankany of their predecessors, as trustee or co-trustee, including, without limitation, pension or other qualified or nonqualified employee benefit plans, compensation, testamentary, inter vivos, and charitable trust indentures; (ii) any and all decedents' estates where Acquiror MDB and MDNB or Bank are any of their predecessors is serving or have has served as a co-executor or sole executor, personal representative or administrator, administrator xx xxxxx non, administrator xx xxxxx non with will annexed, or in any similar fiduciary capacity; (iii) any and all guardianships, conservatorships or similar positions where Acquiror MDB and MDNB or Bank are any of their predecessors is serving or have has served as a co-grantor or a sole grantor or a conservator or a co-conservator of the estate, or any similar fiduciary capacity; and (iv) any and all agency and/or custodial accounts and/or similar arrangements, including plan administrator for employee benefit accounts, under which Acquiror MDB and MDNB or Bank are any of their predecessors is serving or have has served as an agent or custodian for the owner or other party establishing the account with or without investment authority.