Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 230 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 93 contracts
Samples: Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (BFC Capital Trust Ii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 85 contracts
Samples: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Tu Electric Capital Ii), Guarantee Agreement (Gulf Power Capital Trust Iv)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred the Capital Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 83 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Mountain National Bancshares Inc), Guarantee Agreement (Keycorp /New/)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of Preferred the Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 61 contracts
Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp), Guarantee Agreement (Wells Fargo & Co/Mn)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 54 contracts
Samples: Capital Securities Guarantee Agreement (Air T Inc), Capital Securities Guarantee Agreement (Air T Funding), Capital Securities Guarantee Agreement (Air T Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 43 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Actuant CORP Capital Trust II)
Events of Default; Waiver. The Holders of a Majority in liquidation amount aggregate Liquidation Amount of Preferred the Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 42 contracts
Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Guarantee Agreement (Mbna Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 30 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc), Preferred Securities Guarantee Agreement (Independent Bank Corp), Preferred Securities Guarantee Agreement (Independent Capital Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 28 contracts
Samples: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Preferred Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 28 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Trust Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 25 contracts
Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 25 contracts
Samples: Preferred Securities Guarantee Agreement (First Busey Statutory Trust V), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (S Y Bancorp Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 24 contracts
Samples: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Preference of Preferred the Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 20 contracts
Samples: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Newfield Financial Trust Ii), Agreement and Plan of Merger (Capital Senior Living Corp)
Events of Default; Waiver. The Except as set forth in the Declaration and the Indenture, the Holders of a Majority in liquidation amount Liquidation Amount of Preferred the Securities maymay waive, by votevote or written consent, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom there from shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 18 contracts
Samples: Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (New York Community Capital Trust I)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 16 contracts
Samples: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred the Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 15 contracts
Samples: Guarantee Agreement (Hl&p Capital Trust Iv), Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Bancorpsouth Inc)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of Preferred the Trust Securities may, by vote, on behalf of the Holders of all of the Preferred Trust Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 15 contracts
Samples: Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Bb&t Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 13 contracts
Samples: Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (MRH Capital Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred the Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 13 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 12 contracts
Samples: Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Capital Securities Guarantee Agreement (Pennsylvania Commerce Bancorp Inc), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)
Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount Liquidation Amount of [Preferred Trust] Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 12 contracts
Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (Pp&l Capital Funding Inc), Trust Securities Guarantee Agreement (American Electric Power Co Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 12 contracts
Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Pseg Funding Trust Ii), Guarantee Agreement (Fresenius Medical Care Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been curedcured and not to have existed, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 12 contracts
Samples: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Capital Trust Iii), Guarantee Agreement (HPH Homebuilders 2000 Lp)
Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc), Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC), Preferred Securities Guarantee Agreement (Countrywide Financial Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (Alterra Finance LLC), Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Securities Guarantee Agreement (Axis Capital Holdings LTD)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement, Guarantee Agreement (Montana Power Co /Mt/), Preferred Securities Guarantee Agreement (Exelon Corp)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 7 contracts
Samples: Guarantee Agreement (Evans Capital Trust III), Guarantee Agreement (Evans Capital Trust III), Guarantee Agreement (Bridge Statutory Capital Trust I)
Events of Default; Waiver. The Holders of not less than a Majority in liquidation amount of Preferred Securities may, by votevote or written consent, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Dte Energy Co), Preferred Securities Guarantee Agreement (Dte Energy Co), Preferred Securities Guarantee Agreement (Detroit Edison Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Trust Preferred Securities may, by votevote (which vote may be by written consent), on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement, Securities Purchase and Exchange Agreement, Preferred Securities Guarantee Agreement (Ally Financial Inc.)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Common Securities may, by vote, on behalf of the Holders of all of the Preferred Common Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Common Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (NSP Financing Ii), Common Securities Guarantee Agreement (Protective Life Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount ------------------------- Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 6 contracts
Samples: Guarantee Agreement (Eix Trust Iii), Guarantee Agreement (Sempra Energy), Guarantee Agreement (Sempra Energy Capital Trust Ii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 6 contracts
Samples: Preferred Securities Guarantee (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Carriage Services Inc), Preferred Securities Guarantee Agreement (Chemed Capital Trust)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been curedcured and not to have existed, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 5 contracts
Samples: Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Defs Capital Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 5 contracts
Samples: Guarantee Agreement (Regions Financing Trust Ii), Regions Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Hancock John Capital Trust Ii)
Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Colonial Capital Trust Iv), Preferred Securities Guarantee Agreement (James River Group, INC), Preferred Securities Guarantee Agreement (Colonial Capital Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Convertible Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 5 contracts
Samples: Guarantee Agreement (Goodrich B F Co), Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec Capital Trust)
Events of Default; Waiver. The Holders of not less than a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 4 contracts
Samples: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of all the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 4 contracts
Samples: Guarantee Agreement (Easy Gardener Products LTD), Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Us Home & Garden Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Orion Capital Corp), Capital Securities Guarantee Agreement (HSBC Usa Capital Trust Vi), Guarantee Agreement (Wachovia Capital Trust Viii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Ncbe Capital Trust I), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount ------------------------- Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii), Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, may by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 3 contracts
Samples: Guarantee Agreement (HCC Capital Trust Ii), Guarantee Agreement (Onb Capital Trust Iv), Guarantee Agreement (Onb Capital Trust Vi)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event event of Default or impair any right consequent thereontherefrom.
Appears in 3 contracts
Samples: Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by votevoting or consenting as a class, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Capital Trust V), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc)
Events of Default; Waiver. The Holders of not less than a Majority majority in liquidation amount of Preferred Securities may, by votevote or written consent, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Dte Energy Co), Preferred Securities Guarantee Agreement (Dte Energy Co)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Trust Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I), Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuaranty, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guaranty Agreement (ServisFirst Bancshares, Inc.), Preferred Securities Guaranty Agreement (United Community Bancshares Inc)
Events of Default; Waiver. The Holders of a Majority in aggregate liquidation amount of Convertible Preferred Securities may, by vote, on behalf of the Holders of all of the Convertible Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (Capitol Bancorp LTD)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.this
Appears in 2 contracts
Samples: Guarantee Agreement (Phillips Petroleum Co), Preferred Securities Guarantee Agreement (Phillips Petroleum Co)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by votevote or written consent, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sunoco Inc), Preferred Securities Guarantee Agreement (Sunoco Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequencesconsequences except with respect to a default in payment of any Guarantee Payments. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 2 contracts
Samples: Guarantee Agreement (Usf&g Corp), Guarantee Agreement (Usf&g Corp)
Events of Default; Waiver. (a) The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Fleetboston Financial Corp), Preferred Securities Guarantee Agreement (Fleet Capital Trust Viii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Trust Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Guarantee Agreement (Schwab Charles Corp), Guarantee Agreement (Schwab Capital Trust Ii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Crown Media Holdings Inc), Preferred Securities Guarantee Agreement (Ati Financing Ii)
Events of Default; Waiver. The Holders of a Majority in ------------------------- liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been curedcured and not to have existed, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Guarantee Agreement (Duke Capital Financing Trust Iii), Guarantee Agreement (Duke Energy Capital Trust Ii)
Events of Default; Waiver. (a) The Holders of at least a Majority in liquidation amount Liquidation Amount of Preferred the Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Santander Bancorp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Guarantee Agreement (MRM Capital Trust Iii), Preferred Securities Guarantee Agreement (MRM Capital Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 2 contracts
Samples: Guarantee Agreement (Bnccorp Inc), Guarantee Agreement (Vib Corp)
Events of Default; Waiver. The Holders of a Majority in aggregate liquidation amount of Partnership Preferred Securities may, by vote, on behalf of the Holders of all of the Partnership Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 2 contracts
Samples: Guarantee Agreement (Harleysville Group Inc), Guarantee Agreement (Rli Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Reliastar Financing Ii), Preferred Securities Guarantee Agreement (Reliastar Financing V)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Guarantee Agreement (Nexity Financial Corp), Guarantee Agreement (Waccamaw Bankshares Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, cured for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Suiza Foods Corp), Preferred Securities Guarantee Agreement (Vanstar Financing Trust)
Events of Default; Waiver. The Holders of a Majority in original liquidation amount preference of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Feg Holdings Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Samples: Guarantee Agreement (Radian Group Capital Trust II)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Series D Preferred Securities may, by vote, on behalf of the Holders of all of the Series D Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The (a) Except as set forth in the Declaration and the Indenture, the Holders of a Majority in liquidation amount Liquidation Amount of Preferred the Securities maymay waive, by votevote or written consent, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Trust Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Events of Default; Waiver. The Holders of a Majority majority in liquidation amount of Preferred Common Securities may, may by vote, on behalf of the Holders of all of the Preferred Common Securities, waive any past Guarantee Event of Default and its consequences. Upon such waiver, any such Guarantee Event of Default shall cease to exist, and any Guarantee Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Common Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Guarantee Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Continental Airlines Inc /De/
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Samples: Guarantee Agreement (Superior National Insurance Group Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.,
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Hercules Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event 8 of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Guarantee Agreement Preferred Securities Guarantee Agreement (Eagle Bancshares Inc)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount Aggregate Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Trust Preferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Apple South Financing I)
Events of Default; Waiver. 7 11 The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Allstate Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this the Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Unocal Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Preferred Capital Securities, waive any past Guarantee Event of Default and its consequences. Upon such waiver, any such Guarantee Event of Default shall cease to exist, and any Guarantee Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Capital Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Guarantee Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Bay View Capital I)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, exist and any Event of Default arising therefrom shall be deemed to have been cured, cured for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Southside Capital Trust I)
Events of Default; Waiver. The Holders holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Pre- ferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Noram Energy Corp)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom. SECTION 2.07.
Appears in 1 contract
Samples: Pacific Gas & Electric Co
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by votevoting or consenting as a class, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Samples: Guarantee Agreement (Virginia Commerce Bancorp Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount ------------------------- Liquidation Preference of Preferred the Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority -------------------------- in liquidation amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereontherefrom.
Appears in 1 contract
Samples: SJG Capital Trust
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been curedcured and not to have existed, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of all the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Breed Technologies Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Securities Securi ties may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Mediaone Group Inc)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred SecuritiesHolders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Pd Capital Trust Ii
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. The Holders of a Majority in liquidation amount of Preferred Trust Pre- ferred Securities may, by vote, on behalf of the Holders of all of the Trust Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Trust Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp)
Events of Default; Waiver. The Holders of at least a Majority in liquidation amount Liquidation Amount of the Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past default or Event of Default and its consequences. Upon such that waiver, any such default or Event of Default shall cease to exist, and any default or Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities GuaranteeGuarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Events of Default; Waiver. (a) The Preferred Holders of a Majority in liquidation amount of Series D Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, Holders waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Series D Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Securities Guarantee Agreement (General Motors Corp)
Events of Default; Waiver. The Holders of a Majority 66 2/3% in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Illinois Power Co)
