Common use of Guarantee Event of Default; Waiver Clause in Contracts

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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 39 contracts

Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust III), Guarantee Agreement (National City Capital Trust IX)

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Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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 34 contracts

Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Preferred Securities may, by vote or written consentvote, on behalf of the Holders of all of the Preferred 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 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 8 contracts

Samples: Preferred Securities Guarantee Agreement (Motorola Inc), Preferred Securities Guarantee Agreement (Conseco Inc Et Al), Preferred Securities Guarantee Agreement (Conseco Inc Et Al)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities may, by vote or written consent, on behalf of the Holders of all of the SecuritiesHolders, 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 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 5 contracts

Samples: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (Omnicom Capital Trust Iii), Guarantee Agreement (Nextel Communications Inc)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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 4 contracts

Samples: Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Capital Securities Guarantee Agreement (Dominion Resources Capital Trust Iv), Guarantee Agreement (Greenpoint Financial Corp)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the Securities, waive any past Guarantee Event of Default 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 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 3 contracts

Samples: Guarantee Agreement (Barnett Banks Inc), Guarantee Agreement (Barnett Capital I), Guarantee Agreement (Barnett Capital Ii)

Guarantee Event of Default; Waiver. The Holders of a ---------------------------------- Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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 2 contracts

Samples: Guarantee Agreement (Provident Capital Trust Iii), Guarantee Agreement (Auto Marketing Network Inc)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consentvote, on behalf of the Holders of all of the 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 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 2 contracts

Samples: Capital Securities Guarantee Agreement (Conseco Inc Et Al), Capital Securities Guarantee Agreement (Conseco Inc Et Al)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Preferred Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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: Guarantee Agreement (Comerica Inc /New/)

Guarantee Event of Default; Waiver. (a) The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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: Guarantee Agreement (Oge Energy Capital Trust Ii)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consentvote, on behalf of the Holders of all of the 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 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: Guarantee Agreement (Ocwen Capital Trust I)

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Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Trust Securities may, by vote or written consent, on behalf of the Holders of all of the Trust 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 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: Guarantee Agreement (Fw Preferred Capital Trust I)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Preferred Securities may, by vote or written consentvote, on behalf of the Holders of all of the Preferred 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 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: Preferred Securities Guarantee Agreement (American Annuity Group Capital Trust Ii)

Guarantee Event of Default; Waiver. The Holders of a ----------- ---------------------------------- Majority in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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: Guarantee Agreement (Chittenden Capital Trust I)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount of the Capital Securities may, by vote or written consentvote, on behalf of the Holders of all of the Securities, waive any past default or Guarantee Event of Default and its consequences. Upon such waiver, any such default or Guarantee Event of Default shall cease to exist, and any default or Guarantee 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 Guarantee Event of Default or impair any right consequent thereon.

Appears in 1 contract

Samples: Guarantee Agreement (Great West Life & Annuity Insurance Capital I)

Guarantee Event of Default; Waiver. The Holders of a Majority ------------------------------------ in Liquidation Amount of the Capital Securities may, by vote or written consent, on behalf of the Holders of all of the 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 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: Guarantee Agreement (Keyspan Trust Iii)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount liquidation amount of the Series A Capital Securities may, by vote or written consentvote, on behalf of all the Holders of all of the SecuritiesHolders, 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 Series A 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: Guarantee Agreement (Equitable of Iowa Companies)

Guarantee Event of Default; Waiver. The Holders of a Majority in Liquidation Amount liquidation amount of the Series B Capital Securities may, by vote or written consentvote, on behalf of all the Holders of all of the SecuritiesHolders, 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 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: Guarantee Agreement (Equitable of Iowa Companies Capital Trust Ii)

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