Common use of Purposes of Trust Clause in Contracts

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreements, documents, and instructions (including without limitation the Operative Documents to which it is a party) necessary to accomplish (i) and (ii) above, and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 4 contracts

Samples: Trust Agreement (Anthracite Capital Inc), Trust Agreement (Anthracite Capital Inc), Trust Agreement (Anthracite Capital Inc)

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Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreements, documents, documents and instructions (including including, without limitation limitation, the Operative Documents operative documents to which it is a party) necessary to accomplish (i) and (ii) above), and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 3 contracts

Samples: Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp), Trust Agreement (Capital Lease Funding Inc)

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreements, documents, documents and instructions (including including, without limitation limitation, the Operative Documents to which it is a party) necessary to accomplish (i) and (ii) above, and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 3 contracts

Samples: Trust Agreement (Reading International Inc), Trust Agreement (Resource Capital Corp.), Trust Agreement (Resource Capital Corp.)

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreements, documents, documents and instructions (including including, without limitation limitation, the Operative Documents to which it is a party) necessary to accomplish (i) and (ii) above), and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement (New Century Financial Corp), Trust Agreement (Alesco Financial Inc)

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreements, documents, documents and instructions (including including, without limitation limitation, the Operative Documents to which it is a party) relating to and/or necessary to accomplish (i) and (ii) above), and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Novastar Financial Inc), Trust Agreement (Novastar Financial Inc)

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are are, and the Trust shall have the power and authority, to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the NotesNotes and to execute, (ii) make distributions as provided herein, (iii) enter into deliver and perform its obligations under agreements, documents, and instructions (including without limitation the Operative Documents to which it is a party) party and such other agreements necessary to accomplish (i) or desirable in connection therewith, including without limitation a common securities subscription agreement and a junior subordinated note purchase agreement, and (ii) above, and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Vestin Realty Mortgage II, Inc), Trust Agreement (Capital Trust Inc)

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Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Securities and use the proceeds from such sale to acquire the Notes, (ii) make distributions as provided herein, (iii) enter into and perform its obligations under agreementsAgreements, documents, documents and instructions (including including, without limitation limitation, the Operative Documents to which it is a party) necessary to accomplish (i) and (ii) above), and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 2 contracts

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

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are to (i) issue and sell Trust Capital Securities and use the proceeds from such sale to acquire the NotesJunior Subordinated Debt Securities, (ii) make distributions as provided hereinissue Common Securities to the Depositor in exchange for Junior Subordinated Debt Securities, (iii) enter into and perform its obligations under agreements, documents, and instructions (including without limitation maintain the Operative Documents to which it is Trust’s status as a party) necessary to accomplish (i) and (ii) above, grantor trust for United States federal income tax purposes and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 1 contract

Samples: Trust Agreement (National City Corp)

Purposes of Trust. (a) The exclusive purposes and functions of the Trust are are, and the Trust shall have the power and authority to (i) issue and sell exchange Trust Securities and use the proceeds from such sale exchange to acquire the NotesNotes and to execute, (ii) make distributions as provided herein, (iii) enter into deliver and perform its obligations under agreements, documents, and instructions (including without limitation the Operative Documents to which it is a party) party and such other agreements necessary to accomplish (i) or desirable in connection therewith, including, without limitation, the Junior Subordinated Note Purchase Agreement and (ii) above, and (iv) engage in only those activities necessary or incidental thereto. The Delaware Trustee, the Property Trustee and the Administrative Trustees are trustees of the Trust, and have all the rights, powers and duties to the extent set forth herein. The Trustees hereby acknowledge that they are trustees of the Trust.

Appears in 1 contract

Samples: Trust Agreement (Great Wolf Resorts, Inc.)

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