Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“Debt Securities”) of Xxxxxxxx & Xxxxxx Corporation hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of , 2004, (“Indenture”), between Xxxxxxxx & Ilsley Corporation and , as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to , the Holder will be deemed to have elected to participate in the sale of the Holder’s Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (M&i Capital Trust C)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation TSFG Capital [A], [B], [C], [D] LLC (the "Company") hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of , 2004, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation the Company, The South Financial Group, Inc. and , as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation The South Financial Group, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to , the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: ----------------------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: "CAPITAL SECURITY ELECTION FORM To: [Insert Names Name and Addresses Address of Capital any Exchange AgentsAgent] The undersigned Holder of [(insert title of Debt Security] (“Debt "Securities”") of Xxxxxxxx & Xxxxxx Corporation United Virginia Bankshares Incorporated hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture Indenture, dated as of February 1, 2004, 1985 (“"Indenture”"), 64 77 between Xxxxxxxx & Ilsley Corporation United Virginia Bankshares Incorporated and Chemical Bank, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities (as defined in the Indenture) registered in the name of Xxxxxxxx & Xxxxxx Corporation such Holder of Securities of United Virginia Bankshares Incorporated with a Market Value (as defined in the Indenture) equal to the principal amount of the Debt Securities being exchanged owned by which are registered in the name of the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining theretoHolder. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an the address shown above on or prior to 19 , the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated -------------------------- -------------------------- Name of Holder Section 1510SECTION 1308. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security Covenants of any series shall be surrendered for exchange at one time by the same Holder, the amount of Company.
(a) The Company agrees that all Capital Securities which shall issued in exchange for Securities will upon issuance be issuable upon exchange thereof shall duly and validly issued and, if applicable, fully paid and nonassessable. If any Capital Securities required to be computed on the basis exchanged for Securities hereunder require registration with or approval of the aggregate principal amount of Debt any governmental authority under any Federal or State law, or any national securities exchange, before such Capital Securities of such series so surrendered. In lieu of issuing any fractional Capital Securitymay be issued, the Company shall use its best efforts to cause such Capital Securities to be duly registered or approved, as the case may be. The Company will pay a cash adjustment any and all transfer, stamp or similar taxes that may be payable in respect of such fraction the issue or delivery of Capital Securities in an amount equal exchange for Securities pursuant hereto.
(b) The Company unconditionally undertakes to sell Capital Securities in each Secondary Offering (and to bear all expenses of each Secondary Offering, including underwriting discounts and commissions) at the times and in the manner required by this Indenture unless all Holders of the Securities of any series to be exchanged have duly elected to receive Capital Securities on the related Exchange Date.
(c) The Company agrees to indemnify and hold harmless any Holder for the account of whom Capital Securities are being offered and sold in connection with any Secondary Offering and any underwriter, agent or other similar person from and against any and all losses, claims, damages and liabilities resulting from or based upon any untrue statement or alleged untrue statement of any material fact contained in any notice of exchange, any offering memorandum or selling document or registration statement relating to the same fraction Secondary Offering, any preliminary prospectus or prospectus contained therein, or any amendment thereof or supplement thereto, or resulting from or based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading or resulting from the Company's failure to comply with Section 1308(a); provided, however, that the Company will not be liable in any such case to the extent that any such loss, claim, damage or liability arises out of or is based upon any such untrue statement, alleged untrue statement, omission or alleged omission made therein , (i) in reliance upon and in conformity with written information furnished to the Market Value Company by or on behalf of any such Holder specifically for use in connection with the preparation thereof or (ii) because of such Holder's failure to advise the Company in writing that any assumption described in Section 1303(a)(10) is incorrect. In connection with any Secondary Offering, the Company agrees to obtain usual and appropriate indemnification of any Holder for the account of whom Capital SecuritySecurities are being offered and sold in any Secondary Offering from any underwriter, agent or other similar person.
Appears in 1 contract
Samples: Indenture (Suntrust Banks Inc)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of August 30, 20041999, (“"Indenture”"), between Xxxxxxxx Xxxxx Fargo & Ilsley Corporation Company and The First National Bank of Chicago, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ______________________ --------------------------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Wells Fargo Capital Iv)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation The South Financial Group, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of , 2004, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation The South Financial Group, Inc. and , as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation The South Financial Group, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to , the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: ------------------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of August 30, 20041999, (“"Indenture”"), between Xxxxxxxx Xxxxx Fargo & Ilsley Corporation Company and The First National Bank of Chicago, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ______________________ _________________________________ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of , 2004______________, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation IndyMac Bancorp, Inc. and ____________________, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ------------------------------ ------------------------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Indymac Bancorp Inc)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation Popular, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of ______________, 20042003, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation Popular, Inc. and Bank One Trust Company, N.A., as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation Popular, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ______________________ ____________________________________ Name of Holder Section 15101410. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Popular Inc)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx BankAmerica Corporation hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of September 1, 2004, 1990 (“"Indenture”"), between Xxxxxxxx & Ilsley BankAmerica Corporation and Manufacturers Hanover Trust Company of California, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities (as defined in the Indenture) of Xxxxxxxx & Xxxxxx BankAmerica Corporation with a Market Value (as defined in the Indenture) equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to , ________________ the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Date _________________ __________________________________ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Star Banc Corporation hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of __________, 2004, ____ (“"Indenture”"), between Xxxxxxxx & Ilsley Star Banc Corporation and ____________________, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Star Banc Corporation with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, -101- 114 such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated _____________ ___________________________________ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] 84 94 The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of , 2004______________, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation IndyMac Bancorp, Inc. and ____________________, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ------------------------- ------------------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM 77 85 To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of August 30, 20041999, (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation IndyMac Bancorp, Inc. and [The Trustee], as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation IndyMac Bancorp, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. , Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to _____________________ , the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. , All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ------------------------------------ ---------------------- Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of __________, 2004, ____ (“"Indenture”"), between Xxxxxxxx Xxxxx Fargo & Ilsley Corporation Company and ____________________________, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx Xxxxx Fargo & Xxxxxx Corporation Company with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ______________________________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ______________________ ______________________________________ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions deletions, or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation Sovereign Bancorp, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of __________________, 2004, 1999 (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation Sovereign Bancorp, Inc. and Harris Trust and Savings Bank, as Trustee, and referred to referrxx xx in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation Sovereign Bancorp, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ___________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ___________________ ___________________________________ Name of Holder Section 15101410. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security. Section 1411. Company to Obtain Governmental and Regulatory Approvals. The Company covenants that if any Capital Securities required to be exchanged for Debt Securities hereunder require registration with or approval of any governmental authority under any federal or state law, of any national securities exchange, before such Capital Securities may be issued, the Company will in good faith and as expeditiously as possible endeavor to cause such Capital Securities to be duly registered or approved, as the case may be; provided, however, that nothing in this Section shall be deemed to affect in any way the obligation of the Company to exchange Capital Securities for Debt Securities as provided in this Article.
Appears in 1 contract
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx BankAmerica Corporation hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of November 1, 2004, 1991 (“"Indenture”"), between Xxxxxxxx & Ilsley BankAmerica Corporation and Manufacturers Hanover Trust Company of California, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx BankAmerica Corporation with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to , _______________ the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: __________________________ _____________________________ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Form of Capital Security Election Form. The form of Capital Security Election Form shall be substantially as follows with such additions, deletions deletions, or changes thereto as may be approved by the Company: CAPITAL SECURITY ELECTION FORM To: [Insert Names and Addresses of Capital Exchange Agents] The undersigned Holder of [insert title of Debt Security] (“"Debt Securities”") of Xxxxxxxx & Xxxxxx Corporation Sovereign Bancorp, Inc. hereby elects to receive on the Capital Exchange Date determined pursuant to the Indenture dated as of November 1, 2004, 2005 (“"Indenture”"), between Xxxxxxxx & Ilsley Corporation Sovereign Bancorp, Inc. and BNY Midwest Trust Company, as Trustee, and referred to in the notice of exchange published or delivered to the undersigned with this Capital Security Election Form, Capital Securities of Xxxxxxxx & Xxxxxx Corporation Sovereign Bancorp, Inc. with a Market Value equal to the principal amount of the Debt Securities being exchanged owned by the undersigned Holder and, in the case of Bearer Securities, delivered herewith together with all coupons appertaining thereto. Unless this Capital Security Election Form together with, in the case of Bearer Securities, such Bearer Securities and coupons, is received by any Capital Exchange Agent named above at an address shown above on or prior to ___________, the Holder will be deemed to have elected to participate in the sale of the Holder’s 's Capital Securities in the Secondary Offering and will receive cash on the Capital Exchange Date in an amount equal to the principal amount of all Debt Securities being exchanged owned by the Holder. All terms used herein and not otherwise defined herein shall have the meanings specified in the Indenture. Dated: Dated ---------------------------------- ------------------------------------ Name of Holder Section 1510. Fractional Capital Securities. No fractional Capital Securities shall be issued upon exchange for any Debt Securities. If more than one Debt Security of any series shall be surrendered for exchange at one time by the same Holder, the amount of all Capital Securities which shall be issuable upon exchange thereof shall be computed on the basis of the aggregate principal amount of Debt Securities of such series so surrendered. In lieu of issuing any fractional Capital Security, the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Market Value of the Capital Security.
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