AND EMPOWERED, TO THE FULLEST EXTENT PERMITTED BY LAW, BY INTERVENTION
IN SUCH PROCEEDING OR OTHERWISE:
(I)
TO FILE AND PROVE A CLAIM FOR THE WHOLE
AMOUNT OF ANY DISTRIBUTIONS OWING AND UNPAID IN RESPECT OF THE TRUST SECURITIES
AND TO FILE SUCH OTHER PAPERS OR DOCUMENTS AS MAY BE NECESSARY OR ADVISABLE IN
ORDER TO HAVE THE CLAIMS OF THE PROPERTY TRUSTEE (INCLUDING ANY CLAIM FOR THE
REASONABLE COMPENSATION, EXPENSES, DISBURSEMENTS AND
49
ADVANCES OF THE PROPERTY TRUSTEE, ITS AGENTS AND COUNSEL) AND OF THE HOLDERS
ALLOWED IN SUCH JUDICIAL PROCEEDING; AND
(II)
TO COLLECT AND RECEIVE ANY MONIES OR OTHER
PROPERTY PAYABLE OR DELIVERABLE ON ANY SUCH CLAIMS AND TO DISTRIBUTE THE SAME;
and any custodian, receiver, assignee, trustee, liquidator, sequestrator or
other similar official in any such proceeding is hereby authorized by each
Holder to make such payments to the Property Trustee and, in the event the
Property Trustee shall consent to the making of such payments directly to the
Holders, to pay to the Property Trustee first any amount due it for the
reasonable compensation, expenses, disbursements and advances of the Property
Trustee, its agents and counsel, and any other amounts due the Property Trustee.
(B)
NOTHING HEREIN CONTAINED SHALL BE DEEMED TO
AUTHORIZE THE PROPERTY TRUSTEE TO AUTHORIZE OR CONSENT TO OR ACCEPT OR ADOPT ON
BEHALF OF ANY HOLDER ANY PLAN OF REORGANIZATION, ARRANGEMENT, ADJUSTMENT OR
COMPENSATION AFFECTING THE TRUST SECURITIES OR THE RIGHTS OF ANY HOLDER THEREOF
OR TO AUTHORIZE THE PROPERTY TRUSTEE TO VOTE IN RESPECT OF THE CLAIM OF ANY
HOLDER IN ANY SUCH PROCEEDING.
SECTION 8.16.
REPORTS TO AND FROM THE PROPERTY TRUSTEE.
(A)
THE DEPOSITOR AND THE ADMINISTRATIVE
TRUSTEES SHALL DELIVER TO THE PROPERTY TRUSTEE, NOT LATER THAN SIXTY (60) DAYS
AFTER THE END OF EACH OF THE FIRST THREE FISCAL QUARTERS OF THE DEPOSITOR AND
NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS AFTER THE END OF EACH FISCAL YEAR
OF THE TRUST ENDING AFTER THE DATE OF THIS TRUST AGREEMENT, AN OFFICERS'
CERTIFICATE COVERING THE PRECEDING FISCAL PERIOD, STATING WHETHER OR NOT TO THE
KNOWLEDGE OF THE SIGNERS THEREOF THE DEPOSITOR AND THE TRUST ARE IN DEFAULT IN
THE PERFORMANCE OR OBSERVANCE OF ANY OF THE TERMS, PROVISIONS AND CONDITIONS OF
THIS TRUST AGREEMENT (WITHOUT REGARD TO ANY PERIOD OF GRACE OR REQUIREMENT OF
NOTICE PROVIDED HEREUNDER) AND, IF THE DEPOSITOR OR THE TRUST SHALL BE IN
DEFAULT, SPECIFYING ALL SUCH DEFAULTS AND THE NATURE AND STATUS THEREOF OF WHICH
THEY HAVE KNOWLEDGE.
(B)
THE DEPOSITOR SHALL FURNISH TO TRAPEZA
MANAGER, INC. (AT 507 CAREW TOWER, 441 VINE STREET, CINCINNATI, OHIO 45202, OR
SUCH OTHER ADDRESS AS DESIGNATED BY TRAPEZA MANAGER, INC.) A DULY COMPLETED AND
EXECUTED CERTIFICATE IN THE FORM ATTACHED HERETO AS EXHIBIT G, INCLUDING THE
FINANCIAL STATEMENTS REFERENCED IN SUCH EXHIBIT, WHICH CERTIFICATE AND FINANCIAL
STATEMENTS SHALL BE SO FURNISHED BY THE DEPOSITOR NOT LATER THAN FORTY FIVE (45)
DAYS AFTER THE END OF EACH OF THE FIRST THREE FISCAL QUARTERS OF EACH