Common use of Guarantee Agreement and the Indenture Clause in Contracts

Guarantee Agreement and the Indenture. Each of the Guarantee and the Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 43 contracts

Samples: Placement Agreement (United Bancshares Inc/Oh), Placement Agreement (Merchants Bancshares Inc), Placement Agreement (Sterling Bancshares Inc)

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Guarantee Agreement and the Indenture. Each of the Guarantee and the Indenture has been duly authorized by the Company and, on the Closing Date Date, will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 4 contracts

Samples: Placement Agreement (Ameris Bancorp), Placement Agreement (Taylor Capital Group Inc), Placement Agreement (Citizens Banking Corp)

Guarantee Agreement and the Indenture. Each of the Guarantee and the -------------------------------------- Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 3 contracts

Samples: Placement Agreement (Florida Banks Inc), Placement Agreement (Florida Banks Inc), Placement Agreement (Florida Banks Inc)

Guarantee Agreement and the Indenture. Each of the Guarantee and ------------------------------------- the Indenture has been duly authorized by the Company and, on the Closing Date Date, will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 2 contracts

Samples: Placement Agreement (First Banks Inc), Placement Agreement (First Banks, Inc)

Guarantee Agreement and the Indenture. Each of the The Guarantee Agreement and the Indenture has have been duly authorized by the Company and, on the Closing Date when executed and delivered will have been duly executed and delivered by the Company, Company and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the GuaranteeGuarantee Agreement, and by the Indenture Trustee, Trustee in the case of the Indenture, will be a constitute legal, valid and binding obligation obligations of the Company Company, enforceable against it the Company in accordance with its their respective terms, subject to the Bankruptcy and EquityExceptions.

Appears in 2 contracts

Samples: Securities Purchase and Exchange Agreement, Securities Purchase and Exchange Agreement (Gmac Inc.)

Guarantee Agreement and the Indenture. Each of the Guarantee and the Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and EquityEquity.5.

Appears in 1 contract

Samples: Placement Agreement (American Safety Insurance Holdings LTD)

Guarantee Agreement and the Indenture. Each of the Guarantee and --------------------------------------- the Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (Parke Bancorp, Inc.)

Guarantee Agreement and the Indenture. Each of the Guarantee and the ---------------------------------------- Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (Community Capital Bancshares Inc)

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Guarantee Agreement and the Indenture. Each of the Guarantee and ------------------------------------- the Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (First Banks, Inc)

Guarantee Agreement and the Indenture. Each of the Guarantee -------------------------------------- and the Indenture has been duly authorized by the Company and, on the Closing Date Date, will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (First Banks, Inc)

Guarantee Agreement and the Indenture. Each of the Guarantee -------------------------------------- and the Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (First Banks, Inc)

Guarantee Agreement and the Indenture. Each of the Guarantee and the ------------------------------------- Indenture has been duly authorized by the Company and, on the Closing Date will have been duly executed and delivered by the Company, and, assuming due authorization, execution and delivery by the Guarantee Trustee, in the case of the Guarantee, and by the Indenture Trustee, in the case of the Indenture, will be a valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to Bankruptcy and Equity.

Appears in 1 contract

Samples: Placement Agreement (Community Capital Bancshares Inc)

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