Common use of COVENANTS AS TO THE TRUST Clause in Contracts

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation under this Indenture may succeed to the Corporation's ownership of the Common Securities; (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business 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 Corporation, and any successor to the Corporation, 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 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: Southern Community Financial Corp, Southern Community Capital Trust I, Southern Community Financial Corp

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COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 Outstanding, the Corporation 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: Second Bancorp Incorporated (Second Bancorp Inc), Second Bancorp Inc

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and any successor to the CorporationCompany, 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 Corporation 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 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 2 contracts

Samples: Team Financial Capital Trust I, First Busey Capital Trust I

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the Corporation's Company’s ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business truststatutory 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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 the any Debentures remain outstanding outstanding, the Corporation Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amendedAct, 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), Capitol Bancorp LTD

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 MarketNew 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 Corporation 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 Debentures Debenture shall remain outstanding Outstanding, the Corporation 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: Stifel Financial Corp, Stifel Financial Corp

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation shall Company will (ia) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; , (iib) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (ai) to remain a business trust, except in connection with a distribution of Junior Subordinated 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; purposes and (iiic) to use its reasonable efforts to cause each holder Holder of Trust Securities to be treated as owning an individual undivided beneficial interest in the Junior Subordinated Debentures; and (iv) . If the Corporation, and any successor to the Corporation, 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 Junior Subordinated Debentures 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 issued in connection with the distribution of the Junior Subordinated Debentures to the holders of the Preferred Securities issued by the Trust upon a Dissolution Event, the Corporation shall Company will use its best efforts to list such Junior Subordinated Debentures on The Nasdaq National Market American Stock Exchange LLC or on such other exchange as the Preferred Securities are may then be listed; provided, however, that any redemption of the junior subordinated debentures, in whole or in part, effected in accordance with this Indenture shall not cause or result in a violation of this Section 5.07. For so long as the Junior Subordinated Debentures shall remain outstanding Outstanding, the Corporation 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: Blue Valley Ban Corp, BVBC Capital Trust I

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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 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 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 the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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 2 contracts

Samples: Mb Financial Capital Trust I, Mb Financial Inc /Md

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 MarketAmerican 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 2 contracts

Samples: Indenture (S Y Bancorp Inc), 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 Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 MarketAmerican 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 2 contracts

Samples: Abc Bancorp Capital Trust I, Abc Bancorp Capital Trust I

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 Corporation, and any successor to the Corporation, 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 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 Corporation 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 outstanding, the Corporation 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: Taylor Capital Group Inc

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business truststatutory 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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 1 contract

Samples: Indenture (S Y Bancorp Inc)

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation under this Indenture may succeed to the Corporation's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior receipt of all required regulatory approval if then so required under applicable capital guidelines or regulatory policies, and approvals; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and any successor to the Corporation, 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 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 1 contract

Samples: Indenture (NPB Capital Trust Ii)

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business truststatutory 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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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 the any Debentures remain outstanding outstanding, the Corporation Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amendedAct, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.

Appears in 1 contract

Samples: Independent Bank Corp /Mi/

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the Corporation's Company’s ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business truststatutory 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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 1 contract

Samples: S.Y. Bancorp Capital Trust II

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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 1 contract

Samples: Great Southern Bancorp Inc

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: Ifc Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may ------- succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 1 contract

Samples: Indenture (Republic Bancorp Inc)

COVENANTS AS TO THE TRUST. For so long as such the Trust ------------------------- Securities of the Trust remain outstanding, the Corporation Company (a) shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; Trust (provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; ), (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policiesregulations of the Federal Reserve, and (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business trusttrust (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 Corporation, and including any successor to the CorporationCompany, 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 MarketAmerican 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 Corporation 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. 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) quoted or 12(g) thereunderincluded.

Appears in 1 contract

Samples: Ctbi Preferred Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the Corporation's Company’s ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business truststatutory 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 Corporation, and any successor to the Corporation, 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 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 Corporation 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. 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 1 contract

Samples: First Busey Statutory Trust V

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COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 Corporation 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: American Bank Inc

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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 Corporation 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: Americredit Capital Trust I

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 Corporation 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: Southside Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business truststatutory 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 Corporation, and including any successor to the CorporationCompany, 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 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 Corporation 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. 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 1 contract

Samples: Itla Capital Corp

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolve, wind up or liquidate the Trust, except upon prior regulatory approval if then so required under applicable capital guidelines or regulatory policies, and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: Greater Atlantic Financial Corp

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: Ifc Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: Wintrust Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the Corporation's Company’s ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business truststatutory 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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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 the any Debentures remain outstanding outstanding, the Corporation Company shall fulfill all reporting and filing obligations under the Securities Exchange Act of 1934, as amendedAct, as applicable to companies having a class of securities registered under Section 12(b) or 12(g) thereunder.

Appears in 1 contract

Samples: Independent Bank Corp /Mi/

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, regulations of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business truststatutory 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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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. 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 1 contract

Samples: Ifc Capital Trust Vi

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, regulations or regulatory policies, policies of the Federal Reserve and use its reasonable efforts to cause the Trust (a) to remain a business trusttrust (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 CorporationCompany, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: First Preferred Capital Trust Ii

COVENANTS AS TO THE TRUST. For so long as such the Trust Securities of the Trust remain outstanding, the Corporation 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 Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (iib) shall not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policies, and regulations of the Federal Reserve; (c) shall use its reasonable efforts to cause the Trust (ai) to remain a business truststatutory 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 Corporation, and any successor to the CorporationCompany, 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 Corporation 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 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 1 contract

Samples: Old Second Bancorp Inc

COVENANTS AS TO THE TRUST. For so long as such Trust Securities of the Trust remain outstanding, the Corporation Company shall (i) maintain 100% direct or indirect ownership of the Common Securities of the Trust; provided, however, that any permitted successor of the Corporation Company under this Indenture may succeed to the CorporationCompany's ownership of the Common Securities; (ii) not voluntarily dissolveterminate, wind up or liquidate the Trust, except upon prior regulatory approval of the Federal Reserve if then so required under applicable capital guidelines guidelines, policies or regulatory policiesregulations of the Federal Reserve, and (iii) use its reasonable efforts to cause the Trust (a) to remain a business truststatutory 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 CorporationCompany, and any successor to the CorporationCompany, 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 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 Corporation 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 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 1 contract

Samples: Wintrust Capital Trust VI

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