Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.
Appears in 42 contracts
Samples: Trust Agreement (Us Bancorp \De\), Trust Agreement (Us Bancorp \De\), Trust Agreement (Merrill Lynch Capital Trust II)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in this Section 3.15(b2.14(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I.
Appears in 9 contracts
Samples: Coast Bancorp/Ca, First Community Bancorp /Ca/, First Community Bancorp /Ca/
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 8 contracts
Samples: Trust Agreement, Securities Purchase and Exchange Agreement, Trust Agreement (Allstate Financing X)
Mergers. (a) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to to, any Person, except for the sole purpose of changing its domicile and as described set forth in Section 3.15(b3.14(b) and (c) or Section 8.2).
Appears in 8 contracts
Samples: Trust Agreement (Apache Trust Ii), Trust Agreement (Apache Corp), Trust Agreement (Dte Energy Co)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b2.15(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I.
Appears in 7 contracts
Samples: Subscription Agreement (Four Oaks Fincorp Inc), Capstead Mortgage Corp, First Banks, Inc
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of Debentures to Holders pursuant to Section 8.28.1(a)(iii).
Appears in 7 contracts
Samples: Trust Agreement (Webster Capital Trust VII), Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust Vi)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other entity, except as described in Section 3.15(b) and (c) or Section 8.2hereof.
Appears in 7 contracts
Samples: Trust Agreement (Deutsche Bank Contingent Capital LLC V), Trust Agreement (Deutsche Bank Capital Funding LLC IX), Trust Agreement (Deutsche Bank Aktiengesellschaft)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of all Debentures to Holders of Securities pursuant to Section 8.28.1(a)(iii).
Appears in 6 contracts
Samples: Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc)
Mergers. (a) The Trust may not merge or convert with or into, consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 5 contracts
Samples: Trust Agreement (ServisFirst Bancshares, Inc.), Trust Agreement (ServisFirst Bancshares, Inc.), Trust Indenture Trust Agreement (New South Capital Trust I)
Mergers. (aii) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) 3.12(b), and (c) except that the Trust may distribute its assets to the Holders or Section 8.2to such persons as the Holders may direct upon liquidation of the Trust in accordance herewith.
Appears in 4 contracts
Samples: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, by or convey, transfer or lease its properties and assets substantially as an entirety to any Personperson, except as described in Section 3.15(b) and (c) or Section 8.2.
Appears in 4 contracts
Samples: Trust Agreement (Fonovisa Inc), Trust Agreement (Disney Capital Trust Iii), Trust Agreement (Disney Capital Trust I)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 3 contracts
Samples: Trust Agreement (Agl Capital Trust Ii), Trust Agreement (Agl Capital Trust Iii), Mainstreet Bankgroup Inc
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 3 contracts
Samples: Merrill Lynch Preferred Capital Trust Iv, Nuevo Energy Co, Bay View Capital Corp
Mergers. (a) The Trust may not consolidate, convert, amalgamate, or merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to to, any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 3 contracts
Samples: Trust Agreement (Abn Amro Holding N V), Trust Agreement (Abn Amro Bank Nv), Trust Agreement (Abn Amro Bank Nv)
Mergers. (a) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) 3.12(b), and (c) except that the Trust may distribute its assets to the Holders or Section 8.2to such persons as the Holders may direct upon liquidation of the Trust in accordance herewith.
Appears in 3 contracts
Samples: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert to, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of all Debentures to Holders of Securities pursuant to Section 8.28.1(a)(iii).
Appears in 2 contracts
Samples: Trust Agreement (Cox Trust Ii), Trust Agreement (Radio One Licenses LLC)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.29.2(a).
Appears in 2 contracts
Samples: Trust Agreement (Hawaiian Electric Industries Inc), Trust Agreement (Hei Preferred Funding L P)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) and except with respect to the distribution of Debentures to Holders pursuant to Section 8.1(a)(iii) of this Trust Agreement or Section 8.2.3 of Annex I.
Appears in 2 contracts
Samples: Trust Agreement (CNBF Capital Trust I), Trust Agreement (Greater Bay Bancorp)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 2 contracts
Samples: Progress Capital Trust I, Ml Bancorp Inc
Mergers. (a) The Trust may not merge or convert with or into, consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).
Appears in 2 contracts
Samples: Trust Agreement (Waccamaw Bankshares Inc), Trust Agreement (Nexity Financial Corp)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to to, any Person, except as described in Section 3.15(b) and (c) or Section 8.29.02.
Appears in 2 contracts
Samples: Trust Agreement (Txu Europe Funding I L P), Trust Agreement (Texas Utilities Co /Tx/)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c3.15(c) and except with respect to the distribution of all Subordinated Notes to Holders of Securities pursuant to Section 8.01(a)(iii) or Section 8.2.4 of Annex I.
Appears in 1 contract
Samples: Trust Agreement (Hercules Inc)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(bSections 2.15(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.3 of Annex I.
Appears in 1 contract
Samples: Tower Group, Inc.
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.substantially
Appears in 1 contract
Samples: Trust Agreement (Acs Trust I)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section compliance with the provisions of Sections 3.15(b) and (c) or Section 8.2).
Appears in 1 contract
Samples: Exchange Agreement (Insignia Financial Group Inc /De/)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.. Exhibit (4)(t)
Appears in 1 contract
Samples: Trust Agreement (Weyerhaeuser Co)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) ), and Section 8.1 hereof or Section 8.24 of Annex I hereto.
Appears in 1 contract
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) of this Declaration or Section 8.2.Sections 3 and 4 of Annex I.
Appears in 1 contract
Samples: Sandy Spring Capital Trust I
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other entity or person, except as described in Section 3.15(b) and (c) or Section 8.23.15(c).
Appears in 1 contract
Samples: Ohio Casualty Corp
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.. Exhibit (4)(s)
Appears in 1 contract
Samples: Trust Agreement (Weyerhaeuser Co)
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b2.14(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I. Center Bancorp, Inc./Amended and Restated Declaration of Trust/Floating Rate
Appears in 1 contract
Samples: Center Bancorp Inc
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate or amalgamate with, be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to to, any Person, except as described in Section 3.15(b) and (c) or of this Trust Agreement and Section 8.2.3 of Annex I.
Appears in 1 contract
Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c3.15(c) and except with respect to the distribution of all Senior Notes to Holders of Securities pursuant to Section 8.01(a)(iii) or Section 8.2.4 of Annex I.
Appears in 1 contract