Common use of Guarantee of Payment Clause in Contracts

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 120 contracts

Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Form of Guarantee Agreement (J P Morgan Chase & Co)

AutoNDA by SimpleDocs

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 105 contracts

Samples: Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 103 contracts

Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp), Guarantee Agreement (Bb&t Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Junior Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 80 contracts

Samples: Guarantee Agreement (SCBT Financial Corp), Guarantee Agreement (Mountain National Bancshares Inc), Guarantee Agreement (Crescent Banking Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures Junior Subordinated Notes to the Holders as provided in exchange for all of the Trust AgreementPreferred Securities.

Appears in 68 contracts

Samples: Guarantee Agreement (Gulf Power Co), Guarantee Agreement (Georgia Power Capital Trust X), Guarantee Agreement (Alabama Power Capital Trust Vi)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreementduplication).

Appears in 39 contracts

Samples: Guarantee Agreement (Texas Utilities Electric Co), Guarantee Agreement (Alabama Power Capital Trust I), Guarantee Agreement (Texas Utilities Electric Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement).

Appears in 35 contracts

Samples: Guarantee Agreement (Ual Corp /De/), Form of Guarantee Agreement (Odyssey Re Holdings Corp), Guarantee Agreement (PWG Capital Trust V)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 30 contracts

Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (BFC Capital Trust Ii), Guarantee Agreement (Bancfirst Corp /Ok/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon distribution of Junior Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 21 contracts

Samples: Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (Keycorp /New/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full of all amounts (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in owed under the Trust AgreementDebentures.

Appears in 20 contracts

Samples: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Securities Guarantee Agreement (PartnerRe Finance B LLC)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementDeclaration.

Appears in 14 contracts

Samples: Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Junior Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 14 contracts

Samples: Agreement (Bancorp Hawaii Capital Trust I), Guarantee Agreement (Guaranty Capital Trust I), Form of Guarantee Agreement (Bancorpsouth Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon the distribution of the Debentures to the Holders as provided in the Trust AgreementDeclaration.

Appears in 12 contracts

Samples: Guarantee Agreement (Centex Corp), Guarantee Agreement (Goodyear Capital Trust I), Guarantee Agreement (Pogo Trust Ii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 12 contracts

Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (Aep Capital Trust Iii), Trust Securities Guarantee Agreement (Southwestern Electric Power Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Subordinated Debentures to the Holders as provided in exchange for all of the Trust AgreementPreferred Securities.

Appears in 11 contracts

Samples: Guarantee Agreement (Semco Capital Trust Iii), Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (DRH Regrem Xii Lp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 11 contracts

Samples: Guarantee Agreement (Evans Capital Trust III), Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (SunTrust Capital XIV)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures the ICONs to Holders as provided in the Trust Agreement.

Appears in 11 contracts

Samples: Guarantee Agreement (National City Capital Trust IX), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Capital Trust IX)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Debt Securities to Holders as provided in the Trust Agreement.

Appears in 11 contracts

Samples: Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Reinsurance Holdings Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures to Holders as provided in the Trust AgreementAmended Declaration.

Appears in 10 contracts

Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust Vi)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementDeclaration.

Appears in 9 contracts

Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Union Pacific Capital Trust), Preferred Securities Guarantee Agreement (Chemed Capital Trust)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in 16 12 full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 9 contracts

Samples: Guarantee Agreement (Mbna Capital C), Guarantee Agreement (Mbna Capital V), Guarantee Agreement (Mbna Capital V)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 8 contracts

Samples: Guarantee Agreement (MRH Capital Trust I), Guarantee Agreement (Ace Ina Holdings Inc), Guarantee Agreement (Partnerre LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 7 contracts

Samples: Guarantee Agreement (Boise Cascade Corp), Boise Cascade Corp, Guarantee Agreement (Republic New York Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon distribution of Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 7 contracts

Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Group Inc/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures Junior Subordinated Notes to the Holders as provided in exchange for all of the Trust AgreementCapital Securities.

Appears in 6 contracts

Samples: Guarantee Agreement (Mississippi Power Capital Trust Ii), Guarantee Agreement (Southern Co Capital Trust Ii), Guarantee Agreement (Mississippi Power Capital Trust Ii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon the distribution of Debentures the Notes to the Holders as provided in the Trust AgreementDeclaration.

Appears in 6 contracts

Samples: Guarantee Agreement (Cc Funding Trust Ii), Guarantee Agreement (Raytheon Co/), Guarantee Agreement (Iron Mountain Records Management Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon the distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 5 contracts

Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This The Guarantor agrees that this Guarantee Agreement will shall not be discharged except by payment of the Guarantee Payments in full (without duplication and by complete performance of amounts theretofore paid by all obligations of the Issuer) or upon distribution of Debentures to Holders as provided Guarantor contained in the Trust this Guarantee Agreement.

Appears in 5 contracts

Samples: Guarantee Agreement (Northwestern Capital Financing I), Preferred Securities Guarantee Agreement (Northwestern Corp), Guarantee Agreement (Northwestern Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures to Holders as provided in the Trust AgreementDeclaration.

Appears in 5 contracts

Samples: Agreement (Calpine Corp), Guarantee Agreement (Calpine Corp), Guarantee Agreement (First American Financial Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 5 contracts

Samples: Guarantee Agreement (Riggs Capital Ii), Guarantee Agreement (Bankunited Capital Ii), Guarantee Agreement (Riggs National Corp)

Guarantee of Payment. This Guarantee Agreement creates a -------------------- guarantee of payment and not of performance or collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration.

Appears in 5 contracts

Samples: Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Sempra Energy)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Junior Subordinated Debt Securities to Holders as provided in the Trust Agreement.

Appears in 4 contracts

Samples: Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (Partnerre LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of the Debentures to Holders as provided in the Trust AgreementDeclaration.

Appears in 4 contracts

Samples: Guarantee Agreement (AmericanWest Capital Trust IV), Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Virginia Commerce Bancorp Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of performance or collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 4 contracts

Samples: Guarantee Agreement (Edison International), Guarantee Agreement (FPC Capital Ii), Guarantee Agreement (Oneok Inc /New/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Notes to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 4 contracts

Samples: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (SunTrust Capital VIII), Guarantee Agreement (Goldman Sachs Capital Ii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full of all amounts (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in owed under the Trust AgreementNotes.

Appears in 4 contracts

Samples: Senior Debt Securities Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre Capital Trust Iii), Guarantee Agreement (Partnerre LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except (i) by payment of the Guarantee Payments in full by the Guarantor (without duplication duplication), or (ii) upon the termination of amounts theretofore paid by the Issuer) or upon distribution of Debentures this Guarantee Agreement pursuant to Holders as provided in the Trust AgreementSection 7.01 hereof.

Appears in 4 contracts

Samples: Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Capital Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerLLC) or upon distribution of Debentures Notes to Holders as provided in the LLC Agreement and the Trust Agreement.

Appears in 4 contracts

Samples: Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Capital Trust Iii), Administration Agreement (Teco Capital Trust Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 4 contracts

Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (Wachovia Capital Trust Iii), Guarantee Agreement (Mellon Financial Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided otherwise specified in the Trust AgreementSection 7.1 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (Cna Financial Corp), Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 3 contracts

Samples: Guarantee Agreement (Bear Stearns Capital Trust Iv), Guarantee Agreement (Big Flower Holdings Inc), Guarantee Agreement (Caremark Rx Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 3 contracts

Samples: Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementIssuer Trust).

Appears in 3 contracts

Samples: Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Murray Street Investment Trust I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of performance or collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Shares to Holders as provided in the Trust Agreement.

Appears in 3 contracts

Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Junior Subordinated Debentures to the Holders as provided in exchange for all of the Trust AgreementPreferred Securities.

Appears in 3 contracts

Samples: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Trust Agreement or by the Guarantor pursuant to the Indenture) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 3 contracts

Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 3 contracts

Samples: Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Securities Guarantee Agreement (Aon Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.. SECTION 5.6

Appears in 3 contracts

Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Notes to Holders as provided in the Trust AgreementAgreement (or, if the Company elects to remarket the Notes in the form of New Trust Preferred Securities pursuant to Section 5.2(d) of the Indenture Supplement, such New Trust Preferred Securities).

Appears in 3 contracts

Samples: Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of performance or collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration.

Appears in 3 contracts

Samples: Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Allied Waste North America Inc/De/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) Issuer or upon distribution of Debentures to Holders in exchange for all of the Preferred Securities as provided in the Trust Agreement).

Appears in 3 contracts

Samples: Guarantee Agreement (Radian Group Capital Trust II), Guarantee Agreement (Rli Corp), Guarantee Agreement (Harleysville Group Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Notes to Holders as provided in the Trust AgreementAgreement (or, if the Company elects to remarket the Notes in the form of New Trust Preferred Securities pursuant to Section 3.2(f) of the Indenture Supplement, such New Trust Preferred Securities).

Appears in 2 contracts

Samples: Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (Wells Fargo & Co/Mn)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Guaranteed Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement).

Appears in 2 contracts

Samples: Guarantee Agreement (Metrocorp Inc), Trust Agreement (Diamond Foods Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust LLC Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon the distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except (i) by payment of the Dividend Payments, the Redemption Price or the Liquidation Distribution, if and as applicable, in full by the Issuer, (ii) by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) by the Guarantor or (iii) upon distribution termination of Debentures this Guarantee Agreement pursuant to Holders as provided in the Trust AgreementSection 5.01 hereof.

Appears in 2 contracts

Samples: Preferred Stock Guarantee Agreement (Florida Power & Light Co), Preferred Stock Guarantee Agreement (FPL Group Trust II)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to the Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Hl&p Capital Trust Iv), Guarantee Agreement (Hl&p Capital Trust Iv)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon the distribution of [Subordinated] Debentures to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Form of Guarantee Agreement (Great Plains Energy Inc), Guarantee Agreement (Great Plains Energy Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.duplication)

Appears in 2 contracts

Samples: Guarantee Agreement (Mony Group Inc), Guarantee Agreement (Mony Group Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon the distribution of Debentures to the Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Hl&p Capital Trust I), Guarantee Agreement (Hl&p Capital Trust I)

Guarantee of Payment. This Guarantee Agreement creates a -------------------- guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Junior Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 2 contracts

Samples: Guarantee Agreement (Commonwealth Bankshares Inc), Guarantee Agreement (Commonwealth Bankshares Inc)

AutoNDA by SimpleDocs

Guarantee of Payment. This Exchange Guarantee Agreement creates a guarantee of payment and not of collection. This Exchange Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer out of funds legally available therefor) or upon distribution of Debentures Notes to Holders as provided in the Trust AgreementDeclaration.

Appears in 2 contracts

Samples: Exchange Guarantee Agreement (Superior National Insurance Group Inc), Exchange Guarantee Agreement (Symons International Group Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.or

Appears in 2 contracts

Samples: North Fork Bancorporation Inc, North Fork Bancorporation Inc

Guarantee of Payment. This Guarantee Agreement creates a -------------------- guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Securities Guarantee Agreement (DPL Inc), Guarantee Agreement (United Rentals Inc /De)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Amerus Life Holdings Inc), Guarantee Agreement (Amerus Capital I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Subordinated Debt Securities to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Trust Securities (Willamette Industries Inc), Trust Securities (Willamette Industries Inc)

Guarantee of Payment. This Guarantee Agreement creates a -------------------- guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures Junior Subordinated Notes to the Holders as provided in exchange for all of the Trust AgreementPreferred Securities.

Appears in 2 contracts

Samples: Guarantee Agreement (Duke Energy Capital Trust Ii), Guarantee Agreement (Duke Capital Financing Trust Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Notes to Holders as provided in the Trust AgreementAgreement (or, if the Company elects to remarket the Notes in the form of New Trust Preferred Securities pursuant to Section 4.2(d) of the Indenture Supplement, such New Trust Preferred Securities).

Appears in 2 contracts

Samples: Form of Guarantee Agreement (Huntington Bancshares Inc/Md), Guarantee Agreement (National City Preferred Capital Trust I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement).

Appears in 2 contracts

Samples: Subordinated Guarantee Agreement (Adelphia Communications Corp), Senior Guarantee Agreement (Adelphia Communications Corp)

Guarantee of Payment. This Guarantee Agreement creates is a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementTrust).

Appears in 2 contracts

Samples: Guarantee Agreement (Morgan J P Index Funding Co I), Guarantee Agreement (Morgan J P Index Funding Co I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Subordinated Notes to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Ingersoll Rand Co), Guarantee Agreement (Ingersoll Rand Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures Junior Subordinated Notes to the Holders as provided in exchange for all of the Trust AgreementPreferred Securities. Section 5.06.

Appears in 2 contracts

Samples: Guarantee Agreement (Duke Energy Capital Trust Iii), Guarantee Agreement (Duke Capital Financing Trust V)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Trust Debt Securities to Holders as provided in the Trust Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust out of funds legally available therefor) or upon distribution of Debentures Notes to Holders as provided in the Trust AgreementDeclaration.

Appears in 2 contracts

Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)

Guarantee of Payment. This HITS Guarantee Agreement creates a guarantee of payment and not of collection. This HITS Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution the other termination of Debentures to Holders this HITS Guarantee Agreement as provided in the Trust AgreementSection 7.1 hereof.

Appears in 2 contracts

Samples: Hits Guarantee Agreement (Bank of America Corp /De/), Hits Guarantee Agreement (Bank of America Corp /De/)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures to Holders Junior Subordinated Notes (as provided defined in the Trust Agreement) to the Holders in exchange for all of the Capital Securities.

Appears in 2 contracts

Samples: Securities Guarantee Agreement (Southern Co Capital Trust Ii), Securities Guarantee Agreement (Southern Co Capital Trust I)

Guarantee of Payment. This Guarantee Agreement creates a ------------ -------------------- guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Junior Subordinated Debentures to the Holders as provided in exchange for all of the Trust AgreementSecurities.

Appears in 1 contract

Samples: Trust Securities Guarantee Agreement (Yorkshire Power Group LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This The obligations under this Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Trust Preferred Securities (WSFS Financial Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments and any Additional Amounts in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Mellon Financial Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Debt Securities to the Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Northern Trust Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collectioncollection and will apply only to the extent that the Issuer has funds sufficient to make such payments. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Integon Capital I)

Guarantee of Payment. This Guarantee Agreement creates a -------------------- guarantee of payment and not of performance or collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Eix Trust Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementTrust).

Appears in 1 contract

Samples: Guarantee Agreement (Burlington Northern Santa Fe Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer or any other Guarantor) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (American Safety Insurance Holdings LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee Guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement).

Appears in 1 contract

Samples: Guarantee Agreement (Eq Capital Trust Iv)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuerduplication) or upon the distribution of Debentures to Holders Subordinated Notes as provided in the Trust Agreement.

Appears in 1 contract

Samples: Trust Securities Guarantee Agreement (PPL Corp)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or upon the distribution of Debentures Series • Preferred Shares to Holders as provided in the Trust AgreementAmended Declaration.

Appears in 1 contract

Samples: Guarantee Agreement (Fifth Third Capital Trust VIII)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Junior Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration of Trust. SECTION 5.6.

Appears in 1 contract

Samples: Republic New York Capital Iv

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment when due and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerSuccess Capital) or upon the distribution of Junior Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Success Bancshares Inc)

Guarantee of Payment. This Guarantee Agreement creates is a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust AgreementTrust).

Appears in 1 contract

Samples: Guarantee Agreement (Morgan J P Index Funding Co I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except (i) by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer Trust) or (ii) upon the distribution of Junior Subordinated Debentures to the Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Crescent Banking Co)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will shall not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Countrywide Capital VIII)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not merely of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.). SECTION 5.6

Appears in 1 contract

Samples: www.sec.gov

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Debt Securities to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 1 contract

Samples: Guarantee Agreement (Bowater Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerTrust) or upon the distribution of Junior Subordinated Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Cp&l Energy Inc)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (full, without duplication of amounts theretofore paid by the Issuer) Issuer Trust, or upon the distribution of Debentures to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Wilmington Trust Capital A)

Guarantee of Payment. This Guarantee Agreement -------------------- creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Junior Subordinated Debt Securities to Holders as provided in the Trust AgreementDeclaration of Trust.

Appears in 1 contract

Samples: Agreement (Central Fidelity Capital Trust I)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the IssuerIssuer or the Guarantor) or upon distribution of Debentures Notes to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (MRM Capital Trust Iii)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Senior Notes to Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Mutual Risk Management LTD)

Guarantee of Payment. This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures Senior Notes to the Holders as provided in the Trust Agreement.

Appears in 1 contract

Samples: Common Securities Guarantee Agreement (Mutual Risk Management LTD)

Time is Money Join Law Insider Premium to draft better contracts faster.