ADDITIONAL PROVISIONS FOR THE PAYMENT OF EXPENSES. In connection with the offering, sale and issuance of the Debentures to the Trust and in connection with the sale of the Trust Securities by the Trust, the Corporation, in its capacity as borrower with respect to the Debentures, and not in limitation of the provisions contained in the "Expense Agreement" (as such term is defined in the Trust Agreement) or the other provisions contained herein, agrees to pay the following: (a) All debts and other obligations (other than with respect to the Preferred Securities) of the Trust and all costs and expenses of the Trust (including costs and expenses relating to the organization of the Trust, the fees and expenses of the Property Trustee and the other costs and expenses relating to the operation of the Trust); and (b) Any and all taxes and all costs and expenses with respect thereto (other than United States withholding taxes) to which the Trust might become subject. The foregoing obligations of the Corporation are for the benefit of, and shall be enforceable by, any person to whom such debts, obligations, costs, expenses and liabilities are owed (a "Creditor") whether or not such Creditor has received notice thereof. Not in limitation of the provisions of the Expense Agreement, any such Creditor may enforce such obligations of the Corporation directly against the Corporation, and the Corporation irrevocably waives any right or remedy to require that any such Creditor take any action against the Trust or any other person before proceeding against the Corporation. The Corporation also agrees to execute such additional agreements as may be necessary or desirable to give full effect to the foregoing.
Appears in 4 contracts
Samples: Indenture (Metropolitan Financial Corp /Oh/), Indenture (Apab Capital Trust I), Indenture (Crescent Capital Trust I)
ADDITIONAL PROVISIONS FOR THE PAYMENT OF EXPENSES. In connection with the offering, sale and issuance of the Debentures to the Trust and in connection with the sale of the Trust Securities by the Trust, the Corporation, in its capacity as borrower with respect to the Debentures, and not in limitation of the provisions contained in the "Expense Agreement" (as such term is defined in the Trust Agreement) or the other provisions contained herein, agrees to pay the following:
(a) All debts and other obligations (other than with respect to the Preferred Securities) of the Trust and all costs and expenses of the Trust (including costs and expenses relating to the organization of the Trust, the fees and expenses of the Property Trustee and the other costs and expenses relating to the operation of the Trust); and
(b) and Any and all taxes and all costs and expenses with respect thereto (other than United States withholding taxes) to which the Trust might become subject. The foregoing obligations of the Corporation are for the benefit of, and shall be enforceable by, any person to whom such debts, obligations, costs, expenses and liabilities are owed (a "Creditor") whether or not such Creditor has received notice thereof. Not in limitation of the provisions of the Expense Agreement, any such Creditor may enforce such obligations of the Corporation directly against the Corporation, and the Corporation irrevocably waives any right or remedy to require that any such Creditor take any action against the Trust or any other person before proceeding against the Corporation. The Corporation also agrees to execute such additional agreements as may be necessary or desirable to give full effect to the foregoing.
Appears in 2 contracts
Samples: Indenture (American Community Bancshares Inc), Indenture (Carolina Bank Holdings Inc)
ADDITIONAL PROVISIONS FOR THE PAYMENT OF EXPENSES. In connection with the offering, sale and issuance of the Debentures to the Trust and in connection with the sale of the Trust Securities by the Trust, the CorporationCompany, in its capacity as borrower with respect to the Debentures, and not in limitation of the provisions contained in the "Expense Agreement" (as such term is defined in the Trust Agreement) or the other provisions contained herein, agrees to pay the following:
(a) All debts and other obligations (other than with respect to the Preferred Capital Securities) of the Trust and all costs and expenses of the Trust (including costs and expenses relating to the organization of the Trust, the fees and expenses of the Property Trustee and the other costs and expenses relating to the operation of the Trust); and
(b) Any and all taxes and all costs and expenses with respect thereto (other than United States withholding taxes) to which the Trust might become subject. The foregoing obligations of the Corporation Company are for the benefit of, and shall be enforceable by, any person to whom such debts, obligations, costs, expenses and liabilities are owed (a "Creditor") whether or not such Creditor has received notice thereof. Not in limitation of the provisions of the Expense Agreement, any such Creditor may enforce such obligations of the Corporation Company directly against the CorporationCompany, and the Corporation Company irrevocably waives any right or remedy to require that any such Creditor take any action against the Trust or any other person before proceeding against the CorporationCompany. The Corporation Company also agrees to execute such additional agreements as may be necessary or desirable to give full effect to the foregoing.
Appears in 2 contracts
Samples: Indenture (Heartland Financial Capital Trust I), Indenture (Colorado Business Bankshares Capital Trust I)