Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 28 contracts
Samples: Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (State Street Capital Trust V), Guarantee Agreement (Wells Fargo & Co/Mn)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 14 contracts
Samples: Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Bb&t Corp)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Note Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 9 contracts
Samples: Guarantee Agreement (CT Public Preferred Trust III), Guarantee Agreement (Strategic Hotels & Resorts, Inc), Guarantee Agreement (Us Bancorp \De\)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust AgreementAmended Declaration) shall have occurred and be continuing at any time.
Appears in 9 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust Iv)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 8 contracts
Samples: Guarantee Agreement (Wachovia Capital Trust XIII), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (ix) for cause or (iiy) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 7 contracts
Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp), Guarantee Agreement (Popular Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed (i) at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and (ii) by the Guarantor (iA) for cause or (iiB) if a Debenture Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.
Appears in 5 contracts
Samples: Guarantee Agreement (Evans Capital Trust III), Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Privatebancorp, Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Accreted Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 5 contracts
Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Note Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.
Appears in 4 contracts
Samples: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (SunTrust Capital VIII), Guarantee Agreement (Goldman Sachs Capital Iii)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.02(b), the Guarantee Trustee may be (i) appointed or removed without cause at any time by the Guarantor and (ii) removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timePreferred Securities.
Appears in 3 contracts
Samples: Trust Agreement (Usf&g Corp), Guarantee Agreement (Usf&g Corp), Guarantee Agreement (Usf&g Corp)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.
Appears in 2 contracts
Samples: Guarantee Agreement (SunTrust Capital IX), Guarantee Agreement (SunTrust Capital VIII)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed without cause at any time by the action of (i) if an Issuer Trust Default has not occurred or has occurred and is not continuing, the holders of a majority (based on Liquidation Amounts) of the outstanding Common Securities or (ii) if an Issuer Trust Default has occurred and is continuing, or for cause, the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeSecurities.
Appears in 2 contracts
Samples: Guarantee Agreement (Pmi Capital I), Guarantee Agreement (Pmi Group Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed without cause at any time by the action of the Holders of a Majority in Liquidation Amount majority of the outstanding Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeSecurities.
Appears in 2 contracts
Samples: Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed without cause at any time by the action Guarantor (except during an Event of Default, in which case the Holders of Guarantee Trustee may only be removed by a Majority in Liquidation Amount liquidation preference of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timePreferred Securities).
Appears in 2 contracts
Samples: Guarantee Agreement (Rli Corp), Guarantee Agreement (Harleysville Group Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities Apex delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Preferred Stock Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 2 contracts
Samples: Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Note Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have has occurred and be is continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust AgreementAmended Declaration) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(cSECTION 4.2(B), unless an Event of Default shall have occurred and be continuing, the Guarantee Trustee may be appointed or removed without cause at any time by the action Guarantor. Subject to the provisions of this SECTION 4.2, if an Event of Default shall have occurred and be continuing, the Guarantee Trustee may be appointed or removed by the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeSecurities.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed without cause at any time by the action Guarantor (except during an Event of Default, in which case the Holders of Guarantee Trustee may only be removed by a Majority in Liquidation Amount liquidation amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timePreferred Securities).
Appears in 1 contract
Samples: Guarantee Agreement (Radian Group Capital Trust II)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Junior Subordinated Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture an Indenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time for cause by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeGuarantor.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), unless a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing, the Guarantee Trustee may be appointed or removed at any time by the Guarantor. If a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing, the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeTrustee.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust Ii)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Accreted Liquidation Amount of the Capital Securities STACKS delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed for cause at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeGuarantor.
Appears in 1 contract
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII)
Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), unless a Debenture Event of Default shall have occurred and is continuing, the Guarantee Trustee may be appointed or removed at any time by the action Guarantor, and, if a Debenture Event of Default shall have occurred and is continuing, the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to may appoint or remove the Guarantee Trustee and the Guarantor (i) for cause or (ii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.
Appears in 1 contract