Trust Indenture Act; Conflict with Trust Indenture Act. (a) The Trust Indenture Act shall apply as a matter of contract to this Trust Agreement for purposes of interpretation, construction and defining the rights and obligations hereunder. Except as otherwise expressly provided herein, if and to the extent that any provision of this Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control. (b) The Property Trustee shall be the only Issuer Trustee that is a trustee for the purposes of the Trust Indenture Act. (c) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Issuer Trust.
Appears in 2 contracts
Sources: Trust Agreement (Colonial Bancgroup Inc), Trust Agreement (Colonial Capital Ii)
Trust Indenture Act; Conflict with Trust Indenture Act. (a) The This Trust Agreement is subject to the provisions of the Trust Indenture Act shall apply as a matter that are required to be part of contract to this Trust Agreement for purposes of interpretationand shall, construction and defining to the rights and obligations hereunderextent applicable, be governed by such provisions. Except as otherwise expressly provided herein, if If and to the extent that any provision of this Trust Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.
(b) The Property Trustee shall be the only Issuer Trustee that is a trustee for the purposes of the Trust Indenture Act.
(c) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Trust Securities as equity securities representing undivided beneficial interests in the assets of the Issuer Trust.
Appears in 1 contract
Sources: Trust Agreement (Visteon Corp)