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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally and to general principles of equity.

Appears in 4 contracts

Samples: Placement Agreement (Vision Bancshares Inc), Placement Agreement (Horizon Bancorp /In/), Placement Agreement (Southcoast Financial Corp)

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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, 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, Trustee in the case of the Indenture, will be a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally and to general principles of equity.

Appears in 3 contracts

Samples: Purchase Agreement (United Bancorporation of Alabama Inc), Purchase Agreement (Greater Community Bancorp), Purchase Agreement (BNC Bancorp)

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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 2 contracts

Samples: Placement Agreement (Blue River Bancshares Inc), Placement Agreement (Community Shores Bank Corp)

Guarantee Agreement and the Indenture. Each of the Guarantee --------------------------------------- Agreement 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, Trustee in the case of the Indenture, will be a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 2 contracts

Samples: Purchase Agreement (First Litchfield Financial Corp), Purchase Agreement (First Litchfield Financial 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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally and to general principles of equity.

Appears in 1 contract

Samples: Placement Agreement (Iberiabank 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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium and similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 1 contract

Samples: Placement Agreement (Capital City Bank Group Inc)

Guarantee Agreement and the Indenture. Each of the The Guarantee and the Indenture has have 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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally and to general principles of equity.

Appears in 1 contract

Samples: Preferred Securities Subscription Agreement (Greer Bancshares Inc)

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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, 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, Trustee in the case of the Indenture, will be a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 1 contract

Samples: Purchase Agreement (Temecula Valley Bancorp 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, 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, Trustee in the case of the Indenture, will be a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 1 contract

Samples: Purchase 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 each 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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and to general principles of equity.

Appears in 1 contract

Samples: Placement Agreement (Mercantile Bank 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 legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium and similar laws affecting creditors’ rights generally and to general principles of equity.

Appears in 1 contract

Samples: Placement Agreement (Arrow Financial Corp)

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