Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 9 contracts
Samples: Junior Subordinated Indenture (Allegiant Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust I), Junior Subordinated Indenture (American Bancshares Inc \Fl\)
Additional Sums. So long as no Event of Default has occurred If and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) a trustee of the Trust is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in all Debentures and the Trust Agreementis required to pay any additional taxes (excluding withholding taxes)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced , duties, assessments or other governmental charges as a result of a Tax Event, then the Company will pay such Additional Taxes additional amounts (the "Additional Sums") on the Debentures as shall be required so that the net amounts received and retained by the Trust after paying such taxes (excluding withholding taxes), duties, assessments or other governmental charges will be equal to the amounts the Trust would have received if no such taxes (excluding withholding taxes), duties, assessments or other governmental charges had been imposed. Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest during an Extension Period pursuant to Section 3.12 or the Securities 2.11 shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 6 contracts
Samples: Indenture (James River Group, INC), Indenture (American Physicians Capital Inc), Indenture (CastlePoint Holdings, Ltd.)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Greater Community Bancorp), Junior Subordinated Indenture (Fb Capital Trust), Junior Subordinated Indenture (Gold Banc Corp Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Aici Capital Trust), Junior Subordinated Indenture (First Empire Capital Trust Ii), Junior Subordinated Indenture (Aici Capital Trust)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Fidbank Capital Trust I), Junior Subordinated Indenture (Southern Bancshares Nc Inc), Junior Subordinated Indenture (Fidbank Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor successors or assigneeassigns) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred its Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Community Financial Holding Co Inc), Junior Subordinated Indenture (Southern Community Bancshares Inc /Ga), Junior Subordinated Indenture (Florida Community Banks Inc)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Samples: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va)
Additional Sums. So long as no Event of Default has occurred If and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in all Debentures and the Trust Agreementis required to pay any additional taxes (excluding withholding taxes)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced , duties, assessments or other governmental charges as a result of any amendment to or change in law or regulations thereunder, an Administrative Action (as referred to in the definition of Tax Event in Section 1.1) or a judicial decision, in each case enacted, promulgated or announced on or after the date of original issuance of the Debentures, then the Company will pay such Additional Taxes additional amounts (the "Additional Sums") on the Debentures as shall be required so that the net amounts received and retained by the Trust after paying such taxes (excluding withholdings taxes), duties, assessments or other governmental charges will be equal to the amounts the Trust would have received if no such taxes (excluding withholding taxes), duties, assessments or other governmental charges had been imposed. Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest during an Extension Period pursuant to Section 3.12 or the Securities 2.11 shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Samples: Indenture (Tower Group, Inc.), Indenture (Pxre Group LTD), Indenture (Procentury Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities pursuant to Section 11.7(b) or (cB) terminated the Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)
Additional Sums. So In the case of the Securities of a series issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Chase Capital Iii), Junior Subordinated Indenture (J P Morgan Chase & Co), Junior Subordinated Indenture (J P Morgan Chase & Co)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (South Carolina Electric & Gas Co)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (NTC Capital Iii), Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Northern Trust Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be maybe necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time anytime remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Equitable Resources Inc /Pa/), Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (FCB/Sc Capital Trust I), Junior Subordinated Indenture (City Holding Capital Trust Ii), Junior Subordinated Indenture (FCB Nc Capital Trust I)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Indenture (Popular Inc), Indenture (South Financial Group Inc), Indenture (Wells Fargo Capital Iv)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of the term "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (First Empire State Corp), Junior Subordinated Indenture (First Empire Capital Trust Ii), Junior Subordinated Indenture (First Empire Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (Cullen Frost Capital Trust I), Junior Subordinated Indenture (State Street Boston Corp)
Additional Sums. So long as no Event of Default has occurred If and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder --------------- of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in all Debentures and the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at is required to pay any time remain outstanding in accordance with the terms thereof shall not be reduced additional taxes, duties, assessments or other governmental charges as a result of a Tax Event, the Company will pay such Additional Taxes additional amounts (the "Additional Sums")) on the Debentures --------------- as shall be required so that the net amounts received and retained by the Trust after paying taxes, duties, assessments or other governmental charges will be equal to the amounts the Trust would have received if no such taxes, duties, assessments or other governmental charges had been imposed. Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, -------- ------- that the deferral of the payment of interest during an Extension Period pursuant to Section 3.12 or the Securities 2.11 shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Samples: Indenture (Alabama National Bancorporation), Indenture (Prosperity Bancshares Inc), Indenture (New South Bancshares Inc)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Indenture (Indymac Capital Trust I), Indenture (Indymac Bancorp Inc)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an ACE Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ACE Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ACE Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) terminated such ACE Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ACE Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such ACE Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such ACE Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Samples: Indenture (Ace LTD), Indenture (Ace Ina Holdings Inc)
Additional Sums. So In the case of the Securities of a series issued to a USF&G Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a USF&G Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch USF&G Trust shall have occurred and be continuing, the Company shall pay the Issuer to such USF&G Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such USF&G Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such USF&G Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Additional Sums. So In the case of the Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Securities, the Company shall pay the Issuer to such Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assigneesuccessor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by such Trust in respect of the Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (First Tennessee Capital Iv), Junior Subordinated Indenture (First Tennessee National Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for For so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Broad National Bancorporation), Junior Subordinated Indenture (BNB Capital Trust)
Additional Sums. So In the case of the Securities of a series issued to a PMI Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a PMI Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch PMI Trust shall have occurred and be continuing, the Company shall pay the Issuer to such PMI Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such PMI Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such PMI Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Pmi Capital I)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an Assured Guaranty Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Assured Guaranty Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Assured Guaranty Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) terminated such Assured Guaranty Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Assured Guaranty Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such Assured Guaranty Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such Assured Guaranty Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)
Additional Sums. So In the case of the Securities of a series issued to a Mellon Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Mellon Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described or a Capital Treatment Event in clause respect of such Mellon Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Mellon Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Mellon Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Mellon Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Mellon Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mellon Capital Iii), Junior Subordinated Indenture (Mellon Bank Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assigneesuccessor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on in respect of the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including any Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Colonial Bancgroup Inc)
Additional Sums. So In the case of the Securities of a series issued to a Compass Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Compass Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Special Event in respect of such Compass Trust shall have occurred and be continuing and (biii) a Tax Event described in clause the Company shall not have (aA) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Compass Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Compass Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Compass Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Compass Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Compass Bancshares Inc), Junior Subordinated Indenture (Compass Trust Iii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (First Empire State Corp), Junior Subordinated Indenture (Jeffbanks Inc)
Additional Sums. So In the case of the Securities of a series issued to an FBS Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such FBS Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such FBS Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such FBS Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such FBS Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such FBS Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such FBS Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (First Bank System Inc), Junior Subordinated Indenture (First Bank System Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Compass Trust Ii), Junior Subordinated Indenture (Bank of New York Co Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the to such Issuer Trust (or its permitted successor under the related Declaration of Trust) for so long as such Issuer Trust (or assigneeits permitted successor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreementsuch Declaration of Trust)) then due and payable by the such Issuer Trust on in respect of the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including any Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bt Preferred Capital Trust Iv), Junior Subordinated Indenture (Bt Capital Trust B)
Additional Sums. So In the case of the Securities of a series issued to a Citizens Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Citizens Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Citizens Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Citizens Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such Citizens Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such Citizens Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause Clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 101 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)Amounts) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 312 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Additional Sums. So In the case of the Securities of a series issued to a GBB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such GBB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such GBB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such GBB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such GBB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such GBB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such GBB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Greater Bay Bancorp), Junior Subordinated Indenture (GBB Capital I)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, PROVIDED, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Samples: Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust), Junior Convertible Subordinated Indenture (Dura Automotive Systems Inc)
Additional Sums. So In the case of the Securities of a series issued to an HL&P Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer an HL&P Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described or an Investment Company Act Event in clause respect of such HL&P Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11 and the applicable supplemental indenture or (cB) terminated such HL&P Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such HL&P Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such HL&P Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such HL&P Trust on the Preferred related Preference Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 3.11 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Hl&p Capital Trust Iv), Junior Subordinated Indenture (Hl&p Capital Trust I)
Additional Sums. So In the case of the Securities of a series issued to a BankAmerica Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a BankAmerica Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch BankAmerica Trust shall have occurred and be continuing, the Company shall pay the Issuer to such BankAmerica Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such BankAmerica Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such BankAmerica Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bankamerica Corp/De/), Junior Subordinated Indenture (Bankamerica Capital Viii)
Additional Sums. So In the case of the Securities of a series issued to a SVB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such SVB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such SVB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such SVB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such SVB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such SVB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such SVB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, . Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Additional Sums. So In the case of the Securities of a series issued to a Bear Xxxxxxx Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 2.01 or Section 3.12.02, if: in the event that (ai) the Issuer a Bear Xxxxxxx Trust is the Holder holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Special Event in respect of such Bear Xxxxxxx Trust shall have occurred and be continuing and (iii) the Company shall not have
(a) redeemed the Securities of such series or (b) a Tax Event described in clause (a) or (c) terminated such Bear Xxxxxxx Trust pursuant to the termination provisions of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns assign under the related Trust Agreement) for so long as the Issuer such Bear Xxxxxxx Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) ), then due and payable by the Issuer such Bear Xxxxxxx Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes any additional taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a PrivateBancorp Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a PrivateBancorp Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch PrivateBancorp Trust shall be required to pay Additional Taxes, the Company shall pay the Issuer to such PrivateBancorp Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such PrivateBancorp Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such PrivateBancorp Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture the Securities or the Securities Guarantees there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to an ASBC Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (a) the Issuer such ASBC Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause respect of such ASBC Trust shall have occurred and be continuing and (ac) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such ASBC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ASBC Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ASBC Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such ASBC Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Hartford Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Hartford Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Hartford Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Hartford Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Hartford Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Hartford Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Hartford Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided 66 that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 or 311 of the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Hartford Financial Services Group Inc/De)
Additional Sums. So long as no Event During the continuance of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) Event, if the Corporation has not elected to redeem the Series A Securities pursuant to Section 2.8 hereof or (cterminate EIX Trust I pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company Corporation shall pay the Issuer to EIX Trust I (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer EIX Trust I (or its permitted successor or assignee) is the registered holder of the Outstanding Series A Securities, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer EIX Trust I on the Preferred Securities and the Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in the Subordinated Indenture, the Series A Securities or this Supplemental Indenture or the Securities No. 1 there is a reference in any context to the payment of principal of of, premium, if any, or interest on the Series A Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph Section 2.9 to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph Section 2.9 and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.6 hereof or the Series A Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Debt Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the Issuer a Trust is the Holder of all of the Outstanding Securities, Debt Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer such Trust, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (as defined in such Trust Agreement), including any Additional Amount Amounts (as defined in the such Trust Agreement)) , then due and payable by the Issuer such Trust on the related Trust Preferred Securities and Trust Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 312 on the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.]
Appears in 1 contract
Samples: Indenture (Progress Energy Inc)
Additional Sums. So In the event that (i) AmerUs Capital I is the Holder of all of the Outstanding Securities, (ii) a Tax Event shall have occurred and be continuing and (iii) the Company shall not have redeemed the Securities pursuant to Section 1201 or terminated AmerUs Capital I pursuant to Section 9.02(b) of the Trust Agreement, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust to AmerUs Capital I (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust AmerUs Capital I (or its permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust AmerUs Capital I on the Preferred Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, PROVIDED, however, that the deferral of the payment of interest payments pursuant to Section 3.12 301 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a PCC Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such PCC Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PCC Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such PCC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PCC Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such PCC Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such PCC Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Pacific Crest Capital Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor successors or assigneeassigns) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred its Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the ---------------- Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Peoples Bancorp of North Carolina Inc)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Lincoln Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Lincoln Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Lincoln Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such Lincoln Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Lincoln Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Lincoln Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Lincoln Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Lincoln National Corp)
Additional Sums. So In the case of the Securities of a series issued to a SVB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such SVB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such SVB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such SVB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such SVB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such SVB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such SVB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an ACE Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ACE Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ACE Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) dissolved such ACE Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ACE Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such ACE Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such ACE Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Indenture (Ace LTD)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to an NVP Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer an NVP Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such NVP Trust shall have occurred and be continuing and (aiii) the Company shall not have (x) redeemed the Securities of such series pursuant to Section 1107(b) or (cy) terminated such NVP Trust pursuant to Section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such NVP Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such NVP Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such NVP Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Indenture (Host Marriott Corp/Md)
Additional Sums. So long as no Event If the Securities of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1a series provide for the payment of additional sums, if: (a) the Issuer Trust is Company will pay to the Holder of all any Security of the Outstanding Securities, and (b) a Tax Event described in clause (a) any series or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such any coupon appertaining thereto additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums")provided therein. Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of (or premium, if any) or interest on, or in respect of, any Security of any series or payment of any related coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums additional sums provided for in this paragraph Section to the extent that, in such context, Additional Sums additional sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph Section and express mention of the payment of Additional Sums additional sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums additional sums in those provisions hereof where such express mention is not made; provided, however, that . If the deferral Securities of a series provide for the payment of interest pursuant additional sums, at least 10 days prior to Section 3.12 the first Interest Payment Date with respect to that series of Securities (or if the Securities shall of that series will not defer bear interest prior to Maturity, the first day on which a payment of principal (and premium, if any) is made), and at least 10 days prior to each date of payment of principal (and premium, if any) or interest if there has been any Additional Sums change with respect to the matters set forth in the below-mentioned Officers' Certificate, the Company will furnish the Trustee and the Company's Principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and premium, if any) or interest on the Securities of that may series shall be due and payable.made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers' Certificate shall specify by country the amount, if any, 33
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an -------- ------- interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Additional Sums. So In the case of the Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer such Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Securities, the Company shall pay the Issuer to such Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assigneesuccessor) is the registered holder of all of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by such Trust in respect of the Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest on (including Additional Interest) on, or Redemption Price or Repurchase Price for, the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property --------------- Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.]
Appears in 1 contract
Samples: Indenture (Alcoa Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (First Coastal Capital Trust)
Additional Sums. So In the case of the Securities issued to Xxxxx Capital, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (ai) the Issuer Trust Xxxxx Capital is the Holder of all of the Outstanding Securities, Securities and (bii) a Tax Event described in clause respect of Xxxxx Capital shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities pursuant to Section 10.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company Corporation shall pay the Issuer Trust to Xxxxx Capital (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities for so long as the Issuer Trust Xxxxx Capital (or its permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer Trust Xxxxx Capital on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Riggs National Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any -58- 66 context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 or 3.11 of the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (iii) the Company shall not have (a) redeemed the Securities of such series pursuant to Section 11.8 or (cb) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursu ant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Indenture (Big Flower Holdings Inc)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to an NVP Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer an NVP Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such NVP Trust shall have occurred and be continuing and (aiii) the Company shall not have (x) redeemed the Securities of such series pursuant to Section 1107(b) or (cy) terminated such NVP Trust pursuant to Section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such NVP Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such NVP Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such NVP Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company or the Guarantor, as the case may be, shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "“Additional Sums"”). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Indenture (M&i Capital Trust C)
Additional Sums. So In the case of the Securities of a series issued to a Xxxxxx Trust, so long as no Event of Default has occurred and is continuing and continuing, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Xxxxxx Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Xxxxxx Trust shall have occurred and be continuing, and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such DFC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Xxxxxx Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Xxxxxx Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and paid or payable by the Issuer such Xxxxxx Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Downey Financial Capital Trust I)
Additional Sums. So In the case of the Securities of a series issued to a Provident Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: in the event that (ai) the Issuer a Provident Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Provident Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Provident Trust (and its permitted successors or assigns under the Trust AgreementAgreement under which such Provident Trust is created) as Holder of the Securities of such series for so long as the Issuer such Provident Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Provident Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 311 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Hartford Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Hartford Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Hartford Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Hartford Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Hartford Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Hartford Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Hartford Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Hartford Capital Iv /De/)
Additional Sums. So In the case of the Securities of a ------------- --------------- series issued to a Xxxxxxxxxx Capital Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Xxxxxxxxxx Capital Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Xxxxxxxxxx Capital Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(ii) or (cB) dissolved such Xxxxxxxxxx Capital Trust pursuant to Section 8.1(a)(v) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Xxxxxxxxxx Capital Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Xxxxxxxxxx Capital Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Xxxxxxxxxx Capital Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.8 or (cB) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this --------------- Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of the term "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (First Empire Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section Section 11.8 or (cB) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to --------------- context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Chubb Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Chubb Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Chubb Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Chubb Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Chubb Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Chubb Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Chubb Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Chubb Capital Trust Iii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions 183 hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (United Community Capital Trust)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Declaration, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust AgreementDeclaration) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust AgreementDeclaration)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Subordinated Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, howeverPROVIDED, HOWEVER, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Convertible Subordinated Indenture (Tower Automotive Inc)
Additional Sums. So In the case of the Securities of a series issued to a WSFS Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such WSFS Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such WSFS Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such WSFS Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such WSFS Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such WSFS Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such WSFS Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (WSFS Financial Corp)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Liberty Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Liberty Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Liberty Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such Liberty Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Liberty Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Liberty Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Liberty Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Liberty Financial Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series issued to a Xxxxxx Trust, so long as no Event of Default has occurred and is continuing and continuing, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Xxxxxx Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Xxxxxx Trust shall have occurred and be continuing, and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such Xxxxxx Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Xxxxxx Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Xxxxxx Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and paid or payable by the Issuer such Xxxxxx Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 3.11 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Downey Financial Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.any
Appears in 1 contract
Samples: Junior Subordinated Indenture (Fifth Third Bancorp)
Additional Sums. So In the case of the Securities of a series issued to a National City Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such National City Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such National City Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such National City Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such National City Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such National City Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such National City Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a Xxxxx Fargo Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 2.01 or Section 3.12.02, if: in the event that (ai) the Issuer a Xxxxx Fargo Trust is the Holder holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Xxxxx Fargo Trust shall have occurred and be continuing and (iii) the Company shall not have (a) redeemed the Securities of such series or (cb) terminated such Xxxxx Fargo Trust pursuant to the termination provisions of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Xxxxx Fargo Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Xxxxx Fargo Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) ), then due and payable by the Issuer such Xxxxx Fargo Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes any additional taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Indenture (Wells Fargo Capital Iii)
Additional Sums. So In the case of the Securities issued the Property Trustee, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (ai) the Issuer Trust Property Trustee is the Holder of all of the Outstanding Securities, Securities and (bii) a Tax Event described in clause respect of Xxxxx Capital II shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities pursuant to Section 10.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company Corporation shall pay to the Issuer Trust Property Trustee (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities for so long as the Issuer Trust Property Trustee (or its nominee or permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer Trust Xxxxx Capital II on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Sierra Pacific Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Sierra Pacific Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Trust Tax Event in respect of such Sierra Pacific Trust shall have occurred and be continuing and (biii) a Tax Event described in clause the Company shall not have (ai) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such Sierra Pacific Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Sierra Pacific Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Sierra Pacific Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Sierra Pacific Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series issued to an Xxxxx Bancorp Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer an Xxxxx Bancorp Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Xxxxx Bancorp Trust shall be required to pay Additional Taxes, the Company shall pay the Issuer Trust (and to such Xxxxx Bancorp Trust(and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer Trust (or such Xxxxx Bancorp Trust(or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Xxxxx Bancorp Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result result: of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, . Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Evans Capital Trust III)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a Scottish Holdings Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.12.3, if: in the event that (ai) the Issuer such Scottish Holdings Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of such Scottish Holdings Trust shall have occurred and be continuing and (iii) the Issuer Trustshall not have (i) redeemed the Securities of such series pursuant to Section 12.5 or (ii) terminated such Scottish Holdings Trust pursuant to Section 8.01 of the related Trust Agreement, the Company Issuer shall pay the Issuer to such Scottish Holdings Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such Scottish Holdings Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such Scottish Holdings Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 2.12 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Scottish Annuity & Life Holdings LTD)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "“Tax Event" ” in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD)
Additional Sums. So In the case of the Securities of a series issued to a Union Planters Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: in the event that (ai) the Issuer a Union Planters Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Union Planters Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Union Planters Trust (and its permitted successors or assigns under the Trust AgreementAgreement under which such Union Planters Trust is created) as Holder of the Securities of such series for so long as the Issuer such Union Planters Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Union Planters Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 311 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Indenture (Union Planters Corp)
Additional Sums. So In the case of the Securities of a series issued to a BankAmerica Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a BankAmerica Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch BankAmerica Trust shall have occurred and be continuing, the Company shall pay the Issuer to such BankAmerica Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such BankAmerica Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such BankAmerica Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Bankamerica Corp/De/)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.Additional
Appears in 1 contract
Samples: Junior Subordinated Indenture (CCC Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.include
Appears in 1 contract
Samples: Junior Subordinated Indenture (PNC Capital Trust F)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing the Securities of a series issued to a Trust, and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition related Declaration of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the Trust Agreementrelated Declaration of Trust) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreementsuch Declaration of Trust)) then due and payable by the Issuer such Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Wachovia Capital Trust Iv)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (BSB Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assigneesuccessor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on in respect of the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including any Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Southern States Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Bank shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Zions Institutional Capital Trust A)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; PROVIDED, HOWEVER, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Additional Sums. So In the case of the Subordinated Debentures, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (a1) the Issuer Trust is the Holder of all of the Outstanding Securities, Subordinated Debentures and (b2) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has shall have occurred and is continuing in respect of the Issuer Trustbe continuing, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under as Holder of the Trust Agreement) Subordinated Debentures for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Subordinated Debentures, such additional sums as may be necessary in order that the amount of Distributions (including any Other Amounts and Additional Amount (as defined in the Trust Agreement)Amounts) then due and payable paid by the Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding Outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this the Indenture or the Securities Subordinated Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesSubordinated Debentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.3 or the Securities Subordinated Debentures shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
