Common use of Number of Trustees Clause in Contracts

Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 58 contracts

Samples: Trust Agreement (Wilshire Bancorp Inc), Trust Agreement (First Acceptance Corp /De/), Trust Agreement (Huntington Bancshares Inc/Md)

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Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 54 contracts

Samples: Trust Agreement (Great Wolf Resorts, Inc.), Trust Agreement (Redwood Trust Inc), Trust Agreement (PMC Commercial Trust /Tx)

Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 30 contracts

Samples: Trust Agreement (Entegra Financial Corp.), Trust Agreement (Macon Financial Corp.), Trust Agreement (First Community Bancorp /Ca/)

Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 22 contracts

Samples: Trust Agreement (Capstead Mortgage Corp), Trust Agreement, Trust Agreement (Homebanc Corp)

Number of Trustees. The number of Trustees shall be five four (54), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 8 contracts

Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (FNB Corp/Nc), Trust Agreement (First Citizens Bancshares Inc /De/)

Number of Trustees. The number of Trustees shall be five (5), provided, ; provided that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 5 contracts

Samples: Trust Agreement (Desert Capital Reit Inc), Trust Agreement (Beazer Homes Usa Inc), Trust Agreement (Desert Capital Reit Inc)

Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust. SECTION 8.2.

Appears in 3 contracts

Samples: Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp)

Number of Trustees. (a) The number of Trustees shall be five (5), provided; PROVIDED, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Uici), Trust Agreement (Uici)

Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Bank of Kentucky Financial Corp), And (Southcoast Financial Corp)

Number of Trustees. The number of Trustees shall be five six (56), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four five (45). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Green Bankshares, Inc.), Trust Agreement (United Bancorp Inc /Oh/)

Number of Trustees. The number of Trustees shall be five (5), provided; PROVIDED, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc)

Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections SECTIONS 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (San Joaquin Bancorp)

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Number of Trustees. The number of Trustees shall be five FOUR (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (North Pointe Holdings Corp)

Number of Trustees. The number of Trustees shall be five four (54), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four three (43). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. 8.4 The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (Extra Space Storage Inc.)

Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (MRM Capital Trust Iii)

Number of Trustees. The number of Trustees shall be five (5), ; provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections Section 8.2, Section 8.3, and Section 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (CBRE Realty Finance Inc)

Number of Trustees. 1 The number of Trustees shall be five (5)five, provided, provided that the Holder of all of the Common Securities by written instrument may increase or decrease the number of Administrators. The Property Trustee and the Delaware Trustee may be the same Person. 2 If a Trustee ceases to hold office for any reason and the number of Administrators is not reduced pursuant to Section 8.17(a), in which case or if the number of Trustees shall be four (4is increased pursuant to Section 8.17(a). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.vacancy

Appears in 1 contract

Samples: Trust Agreement (Crestar Financial Corp)

Number of Trustees. The number of Trustees shall be five (5)five, provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4)four. The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4Securities. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a an Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (Bnccorp Inc)

Number of Trustees. The number of Trustees shall be five (5), provided, that the Property Trustee and the Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, ------------ 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, --- --- incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Appears in 1 contract

Samples: Trust Agreement (First Banks, Inc)

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