Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 253 contracts
Samples: Trust Agreement, Trust Agreement (Goldman Sachs Capital III), Trust Agreement (Goldman Sachs Group Inc)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. To the extent permitted by the Trust Indenture Act, the Property Trustee shall not be deemed to have a conflicting interest by virtue of being trustee under the Guarantee.
Appears in 28 contracts
Samples: Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Mississippi Power Capital Trust Iii), Trust Agreement (Sei Trust I)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent required and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 6 contracts
Samples: Trust Agreement (Easy Gardener Products LTD), Trust Agreement (Us Home & Garden Trust I), Trust Agreement (American Coin Merchandising Trust Iv)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration.
Appears in 4 contracts
Samples: Trust Agreement (Public Service Electric & Gas Co), Agreement (Provident Companies Inc /De/), Trust Agreement (Public Service Enterprise Group Inc)
Conflicting Interests. (a) If the Property Trustee has or shall --------------------- acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (United Rentals Inc /De), Trust Agreement (Abc Bancorp Capital Trust I), Trust Agreement (Ctbi Preferred Capital Trust Ii)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Indenture and the Guarantee are hereby excluded for purposes of Section 310(b)(1) of the Trust Indenture Act.
Appears in 4 contracts
Samples: Trust Agreement (Sce Trust I), Trust Agreement (Oneok Inc /New/), Trust Agreement (Eix Trust Iii)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 4 contracts
Samples: Southern Financial Capital Trust I, Guaranty Capital Trust I, Highlands Capital Trust I
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementIndenture.
Appears in 2 contracts
Samples: Trust Agreement (Alabama Power Capital Trust I), Trust Agreement (Alabama Power Co)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. The Indenture and the guarantee are hereby excluded for purposes of Section 310(b)(1) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Trust Agreement (Oneok Inc /New/), Trust Agreement (FPC Capital Ii)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Trustee Indenture Act and this Trust Agreement.
Appears in 2 contracts
Samples: Exchange and Registration Rights Agreement (Aon Corp), Trust Agreement (Dominion Resources Inc /Va/)
Conflicting Interests. (a) nterests If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Alabama Power Capital Trust Iv), Trust Agreement (Mississippi Power Capital Trust Ii)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 2 contracts
Samples: Expenses and Liabilities (Privatebancorp, Inc), Expenses and Liabilities (Privatebancorp, Inc)
Conflicting Interests. (a) If the Property Trustee has or ---------------------- shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Alcoa Trust I), Trust Agreement (SJG Capital Trust)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. Section 8.09.
Appears in 2 contracts
Samples: Trust Agreement (Pacific Gas & Electric Co), Trust Agreement (Amerus Capital I)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Bridge Bancorp Inc)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust. SECTION 8.9.
Appears in 1 contract
Samples: Republic New York Capital Iv
Conflicting Interests. (a) If the Property Trustee has or shall --------------------- acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 1 contract
Samples: Commonwealth Bankshares Inc
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. 258
Appears in 1 contract
Samples: Trust Agreement (Sce&g Trust I)
Conflicting Interests. (a) If the Property Trustee has or --------------------- shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust.
Appears in 1 contract
Samples: Commonwealth Bankshares Inc
Conflicting Interests. (a) If the Property Trustee has or shall acquire acquires a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such that interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust. The Property Trustee's services as Trustee under the Guarantee and as Debenture Trustee shall not be deemed to constitute a conflicting interest.
Appears in 1 contract
Samples: Boise Cascade Trust Iii
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. 47 40
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the 39 34 extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Mbna Corp)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided provided, however by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement. Section 809. Co-Trustees and Separate Trustee.
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. Section 809. Co-Trustees and Separate Trustee. --------------------------------
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.such
Appears in 1 contract
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.. Trust Agreement
Appears in 1 contract
Samples: Amended and Restated Trust Agreement (USB Capital IX)
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust AgreementDeclaration of Trust. [The Property Trustee's services as Trustee under the Guarantee and as Debenture Trustee shall not be deemed to constitute a conflicting interest.]
Appears in 1 contract
Samples: Boise Cascade Corp
Conflicting Interests. (a) If the Property Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Property Trustee shall either eliminate such interest or resign, to 45 40 the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Chase Capital Iii)
