Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also of each Holder of Trust Preferred Securities). 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 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 8 contracts
Samples: Subordinated Guarantee Agreement (UBS Preferred Funding Trust VIII), Subordinated Guarantee Agreement (UBS Preferred Funding Trust VIII), Subordinated Guarantee Agreement (Ubs Preferred Funding Trust Iv)
Events of Default; Waiver. The Holders of a Majority in liquidation amount Liquidation Amount of the Company Preferred Capital Securities may, by vote, on behalf of the Holders of all of the Company Preferred Capital Securities, waive any past Event of Default and its consequences consequences, except an a default described in clause (b) or (c) of the definition of "Event of Default Default" contained in Section 1.1, a default in respect of a covenant or provision hereof which under this Trust Agreement cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of each Outstanding Capital Security or a Debenture Event of Default that the Company Preferred Securities, also Holders of each Holder a Majority in Liquidation Amount of Trust Preferred Securitiesthe Capital Securities would not be entitled to waive pursuant to Section 5.13(b). 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 GuaranteeTrust 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: Trust Agreement (City Holding Capital Trust), Trust Agreement (United Community Capital Trust), Trust Agreement (City Holding Capital Trust Ii)
Events of Default; Waiver. The Holders of a Majority in ------------------------- liquidation amount of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also of each Holder of Trust Preferred Securities). 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: Preferred Securities Guarantee Agreement (Torchmark Corp), Preferred Securities Guarantee Agreement (Torchmark Corp), Preferred Securities Guarantee Agreement (Torchmark Corp)
Events of Default; Waiver. (a) An Event of Default under this Guarantee will occur upon the failure of the Guarantor to perform any of its payment or other obligations hereunder; provided, that except with respect to default in payment of any Guarantee Payments, the Guarantor shall have received notice of default from the Guarantee Trustee and shall not have cured such default within thirty (30) days after receipt of such notice.
(b) The Holders of a Majority in liquidation amount of the Company Preferred Capital Securities may, by votevoting or consenting as a class, on behalf of the Holders of all of the Company Preferred Capital Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also of each Holder of Trust Preferred Securities)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 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 (American Equity Investment Life Holding Co), Guarantee Agreement (American Equity Investment Life Holding Co)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also of each Holder of Trust Preferred Securities). 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 Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.but
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ubs Preferred Funding Trust Iii), Limited Liability Company Agreement (Ubs Preferred Funding Trust Iii)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder Trust is the Holder of the Company Preferred Securities, also of each Holder of the Trust Preferred Securities). 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 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: Company Preferred Securities Guarantee Agreement (Abn Amro Bank Nv)
Events of Default; Waiver. The Holders of a Majority in liquidation amount of the Company Class B Preferred Securities may, by vote, on behalf of the Holders of all of the Company Class B Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Class B Preferred Securities (and, if and for so long as the Initial Holder a Trust is the Holder of the Company Class B Preferred Securities, also of each Holder of the Trust Preferred Securities). 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 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: Class B Preferred Securities Guarantee Agreement (Abn Amro Bank Nv)
Events of Default; Waiver. The Holders of a Majority in liquidation preference amount of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences (except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (andSecurities, which can only be waived by all Holders of Company Preferred Securities), provided that for so long as the Initial Holder is the Holder of the Company Preferred Securities, any such waiver also requires the consent of each Holder Holders of a majority in liquidation preference amount of the Trust Preferred Securities or the consent of all holders of Trust Preferred Securities), as applicable. 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 Company Preferred 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: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust VIII)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also of each Holder of Trust Preferred Securities). 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 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: Subordinated Guarantee Agreement (Credit Suisse Group)
Events of Default; Waiver. The Holders of a Majority in liquidation amount preference of the Company Preferred Securities may, by vote, on behalf of the Holders of all of the Company Preferred Securities, waive any past Event of Default and its consequences except an Event of Default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of each Holder of Company Preferred Securities (and[if the Trust is the Initial Holder, insert: and for so long as the Initial Holder is the Holder of the Company Preferred Securities, also the consent of each Holder of Trust Preferred Securities)]]. 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 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: Subordinated Guarantee Agreement (Credit Suisse Group)