COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDED, HOWEVER, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market or on such other exchange as the Preferred Securities are then listed.
Appears in 6 contracts
Samples: Indenture (Independent Bank Corp), Indenture (Independent Bank Corp), Indenture (Independent Capital Trust Iii)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ’s ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable regulatory capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; Agreement and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best commercially reasonable efforts to maintain the eligibility of the Preferred Capital Securities for quotation or listing on any national securities exchange exchange, organization or other organization automated quotation system on which the Preferred Capital Securities are then quoted or listed (includinglisted, if applicable, The Nasdaq National Market) and shall use best commercially reasonable efforts to keep the Preferred Capital Securities so quoted or listed for so long as the Preferred Capital Securities remain outstanding. In connection with the a distribution of the Debentures to the holders of the Preferred Capital Securities issued by the Trust upon a Dissolution Eventthe dissolution of the Trust, the Company shall use its best commercially reasonable efforts to list such Debentures on The Nasdaq National Market such exchange, or quote on such other exchange automated quotation system, as the Preferred Capital Securities are then listedlisted or quoted.
Appears in 3 contracts
Samples: Indenture (Great Southern Capital Trust IV), Indenture (First Financial Capital Trust II), Indenture (Horizon Financial Capital Trust II)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company Corporation shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company Corporation under this Indenture may succeed to the CompanyCorporation's ownership of the Common Securities; (ii) not voluntarily terminatedissolve, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelinesguidelines or regulatory policies, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation)trust, except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the CompanyCorporation, and any successor to the CompanyCorporation, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company Corporation shall use its best efforts to list such Debentures on The Nasdaq National Market or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures remain outstanding the Corporation shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 3 contracts
Samples: Indenture (Southern Community Financial Corp), Indenture (Southern Community Capital Trust I), Indenture (Southern Community Financial Corp)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National MarketMarket(SM) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market Market(SM) or on such other exchange as the Preferred Securities are then listed.
Appears in 2 contracts
Samples: Indenture (Private Bancorp Capital Trust I), Indenture (Private Bancorp Capital Trust I)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ’s ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; Agreement and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best commercially reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on the New York Stock Exchange, or any other national securities exchange exchange, organization or other organization automated quotation system on which the Preferred Securities are then quoted or listed (includinglisted, if applicable, The Nasdaq National Market) and shall use best commercially reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best commercially reasonable efforts to list such Debentures on The Nasdaq National Market the New York Stock Exchange or on such other exchange exchange, or quote on an automated quotation system, as the Preferred Securities are then listed. For so long as any Debentures remain outstanding, the Company shall fulfill all reporting and filing obligations under the Exchange Act, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 2 contracts
Samples: Indenture (Capitol Trust Xv), Indenture (Capitol Bancorp LTD)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use its best efforts to maintain the eligibility of the Preferred Securities for inclusion, quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then included, quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list or include such Debentures on The Nasdaq National Market a national securities exchange or comparable automated quotation system or to list such Debentures on such other exchange as the Preferred Securities are then listed.
Appears in 2 contracts
Samples: Indenture (Mb Financial Capital Trust I), Indenture (Mb Financial Inc /Md)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National Marketthe American Stock Exchange, Inc.) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market the American Stock Exchange, Inc. or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 2 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Capital Trust I)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiic) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ivd) the Company, and including any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other organization trading system on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National Marketthe New York Stock Exchange) and shall use best efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market the New York Stock Exchange or on such other exchange or to include such Debentures in such trading system as the Preferred Securities are then listed, quoted or included. For so long as the Debenture shall remain Outstanding, the Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 2 contracts
Samples: Indenture (Stifel Financial Corp), Indenture (Stifel Financial Corp)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange as the Preferred Securities are then listed.
Appears in 2 contracts
Samples: Indenture (First Busey Capital Trust I), Indenture (Team Financial Capital Trust I)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities ------------------------- of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National Marketthe American Stock Exchange, Inc.) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market the American Stock Exchange, Inc. or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 2 contracts
Samples: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations consolidations, conversions or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures shall remain Outstanding, the Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 2 contracts
Samples: Indenture (Second Bancorp Inc), Indenture (Second Bancorp Inc)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization or automated quotation system on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange exchange, or quote on an automated quotation system, as the Preferred Securities are then listed. For so long as any Debentures remain outstanding, the Company shall fulfill all reporting and filing obligations under the Exchange Act, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated classified as a grantor trust and not as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National the NASDAQ Global Select Market) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National the NASDAQ Global Select Market or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 1 contract
Samples: Indenture (S Y Bancorp Inc)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market Market(sm) or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures remain outstanding the Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDED, HOWEVER, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval receipt of the Federal Reserve if then so all required under applicable capital guidelines, policies or regulations of the Federal Reserve and regulatory approvals; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual indirect beneficial interest in the Debentures; and (ive) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding; and (f) shall use best efforts to cause the Trust not to issue or incur, directly or indirectly, additional Trust Securities. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list include such Debentures on The in the Nasdaq National Market or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 1 contract
Samples: Indenture (NPB Capital Trust Ii)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDED, HOWEVER, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
Samples: Indenture (Old Second Bancorp Inc)
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVER-------- however, that any permitted successor of the Company under this Indenture may ------- succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list include such Debentures on The in the Nasdaq National Market or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 1 contract
Samples: Indenture (Republic Bancorp Inc)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market Market(SM) or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
Samples: Indenture (Ifc Capital Trust Ii)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market Market/sm/ or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ’s ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated classified as a grantor trust and not as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National the NASDAQ Global Select Market) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National the NASDAQ Global Select Market or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, regulations or policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership grantor trust for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National MarketNew York Stock Exchange) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market New York Stock Exchange or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures remain outstanding the Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue to be treated as a grantor trust and not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best commercially reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best commercially reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best commercially reasonable efforts to list such Debentures on The the Nasdaq National Market or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures shall remain outstanding, the Company shall fulfill all reporting and filing obligations under the Exchange Act as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
Samples: Indenture (Taylor Capital Group Inc)
COVENANTS AS TO THE TRUST. For so long as such the Trust ------------------------- Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDTrust (provided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; ), (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve, (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; Agreement and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; , (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; Debentures and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for listing, quotation or listing inclusion on or in any national securities exchange or other self-regulatory organization on or in which the Preferred Securities are then listed, quoted or listed included (including, if applicable, The Nasdaq National Marketthe American Stock Exchange) and shall use best reasonable efforts to keep the Preferred Securities so listed, quoted or listed included for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market the American Stock Exchange or on such other exchange or to include such Debentures in such self-regulatory organization as the Preferred Securities are then listed, quoted or included.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market or on such other exchange as the Preferred Securities are then listed. For so long as the Debentures remain outstanding the Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amended, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
Samples: Indenture (American Bank Inc)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market Market/SM/ or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
Samples: Indenture (Ifc Capital Trust Ii)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve, (iii) use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiiiv) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ivv) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization or automated quotation system on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange exchange, or quote on an automated quotation system, as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization or automated quotation system on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National Marketthe New York Stock Exchange) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National Market the New York Stock Exchange or on such other exchange exchange, or quote on an automated quotation system, as the Preferred Securities are then listed.
Appears in 1 contract
Samples: Indenture (Ifc Capital Trust Vi)
COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ’s ownership of the Common Securities; (ii) not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (b) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iii) use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (iv) the Company, and any successor to the Company, shall use best efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization or automated quotation system on which the Preferred Securities are then quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The the Nasdaq National Market or on such other exchange exchange, or quote on an automated quotation system, as the Preferred Securities are then listed. For so long as any Debentures remain outstanding, the Company shall fulfill all reporting and filing obligations under the Exchange Act, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company Company: (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ’s ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then quoted or listed (including, if applicable, The Nasdaq National the NASDAQ Stock Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list such Debentures on The Nasdaq National the NASDAQ Stock Market or on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use best reasonable efforts to maintain the eligibility of the Preferred Securities for inclusion, quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then included, quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list include such Debentures on The in the Nasdaq National Market or to list such Debentures on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; PROVIDEDprovided, HOWEVERhowever, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Common Securities; (iib) shall not voluntarily terminate, wind up or liquidate the Trust, except upon prior approval of the Federal Reserve if then so required under applicable capital guidelines, policies or regulations of the Federal Reserve and Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business statutory trust (and to avoid involuntary termination, winding up or liquidation), except in connection with a distribution of Debentures, the redemption of all of the Trust Securities of the Trust or certain mergers, consolidations or amalgamations, each as permitted by the Trust Agreement; and (bii) to otherwise continue not to be treated as an association taxable as a corporation or partnership for United States federal income tax purposes; (iiid) shall use its reasonable efforts to cause each holder of Trust Securities to be treated as owning an individual beneficial interest in the Debentures; and (ive) the Company, and including any successor to the Company, shall use its best efforts to maintain the eligibility of the Preferred Securities for inclusion, quotation or listing on any national securities exchange or other organization on which the Preferred Securities are then included, quoted or listed (including, if applicable, The the Nasdaq National Market) and shall use best reasonable efforts to keep the Preferred Securities so quoted or listed for so long as the Preferred Securities remain outstanding. In connection with the distribution of the Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Company shall use its best efforts to list or include such Debentures on The Nasdaq National Market a national securities exchange or comparable automated quotation system or to list such Debentures on such other exchange as the Preferred Securities are then listed.
Appears in 1 contract
Samples: Indenture (Itla Capital Corp)