Common use of Independent Obligations Clause in Contracts

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.

Appears in 413 contracts

Samples: Guarantee Agreement (Peoples Bancorp Inc), Guarantee Agreement, Guarantee Agreement (Chino Commercial Bancorp)

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Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 240 contracts

Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Torchmark Capital Trust V)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 126 contracts

Samples: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Lincoln National Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 122 contracts

Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.

Appears in 100 contracts

Samples: Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc), Guarantee Agreement (First Acceptance Corp /De/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 79 contracts

Samples: Guarantee Agreement (Southwestern Electric Power Co), Preferred Securities Guarantee Agreement, Guarantee Agreement (Alabama Power Capital Trust Iv)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.3 hereof.

Appears in 64 contracts

Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Travelers Capital Trust V)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 62 contracts

Samples: Capital Securities Guarantee Agreement (Citigroup Inc), Capital Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 59 contracts

Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Guarantee Agreement (TCF Capital I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 51 contracts

Samples: Guarantee Agreement (BEE Financing Trust III), Guarantee Agreement (CT Public Preferred Trust III), Guarantee Agreement (Strategic Hotels & Resorts, Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series A Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series A Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 35 contracts

Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Series a Capital Securities Guarantee Agreement (First Keystone Financial Inc), Series a Capital Securities Guarantee Agreement (Sky Financial Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 35 contracts

Samples: Guarantee Agreement (Centex Corp), Guarantee Agreement (Litchfield Capital Trust Ii), Guarantee Agreement (Pogo Producing Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.

Appears in 34 contracts

Samples: Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Mp&l Capital I), Guarantee Agreement (Heftel Capital Trust Ii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 34 contracts

Samples: Series B Capital Securities Guarantee Agreement (Comed Financing Ii), Series B Capital Securities Guarantee Agreement (Banknorth Capital Trust I), Capital Securities Guarantee Agreement (Markel Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 31 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Trust Preferred Securities Guarantee Agreement (Capita Preferred Trust), Guarantee Agreement (R&g Financial Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 29 contracts

Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Bancfirst Corp /Ok/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 24 contracts

Samples: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Kansas City Power & Light Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 20 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 20 contracts

Samples: Guarantee Agreement (National City Corp), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Wells Fargo & Co/Mn)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities TARGETS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this TARGETS Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 18 contracts

Samples: Guarantee Agreement (Targets Trust Xvii), Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Targets Trusts Vi)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 18 contracts

Samples: Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (BB&T Capital Trust II), Guarantee Agreement (FFBC Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Debentures, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Debentures pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.03 hereof.

Appears in 13 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.

Appears in 12 contracts

Samples: Preferred Securities Guarantee Agreement (Proassurance Corp), Convertible Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii), Preferred Securities Guarantee Agreement (International Paper Capital Trust Iii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Affiliate Debenture, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Investment Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 12 contracts

Samples: Affiliate Debenture Guarantee Agreement (Uds Funding Ii Lp), Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 12 contracts

Samples: Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 10 contracts

Samples: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (SNH Nebraska Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.

Appears in 10 contracts

Samples: Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (MetLife Capital Trust V)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 10 contracts

Samples: Guarantee Agreement (Usx Capital Trust I), Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Indymac Bancorp Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 10 contracts

Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 9 contracts

Samples: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Nationwide Financial Services Inc/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.

Appears in 9 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 9 contracts

Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Series B Capital Securities Guarantee Agreement (CNBF Capital Trust I), Series B Capital Securities Guarantee Agreement (Premier Bancorp Inc /Pa/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 9 contracts

Samples: Capital Securities Guarantee Agreement (Mercantile Capital Trust I), Capital Securities Guarantee Agreement (Marshall & Ilsley Corp/Wi/), Capital Securities Guarantee Agreement (Union Planters Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.04 hereof.

Appears in 8 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 8 contracts

Samples: Guarantee Agreement (Amerus Capital I), Guarantee Agreement (North Fork Bancorporation Inc), Guarantee Agreement (Usb Holding Co Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Senior Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Senior Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.

Appears in 8 contracts

Samples: Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Senior Debt Securities Guarantee Agreement (Allied World Assurance Co Holdings, AG)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 503 hereof.

Appears in 8 contracts

Samples: Guarantee Agreement (Nevada Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Central Power & Light Co /Tx/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 8 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee GUARANTEE Payments pursuant to the terms of this Guarantee GUARANTEE Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 7 contracts

Samples: Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Iv)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.

Appears in 7 contracts

Samples: Preferred Securities Guarantee Agreement (Great Western Financial Trust Iii), Preferred Securities Guarantee Agreement (Southwest Gas Corp), Preferred Securities Guarantee Agreement (Great Western Financial Trust I /De/)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 7 contracts

Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (Forest City Enterprises Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee notwithstanding the occurrence of any event referred to in subsections (a1) through (g7), inclusive, of Section 4.3 hereof5.03.

Appears in 6 contracts

Samples: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Heco Capital Trust Ii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Debentures, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Debentures pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.

Appears in 6 contracts

Samples: Junior Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 6 contracts

Samples: Guarantee Agreement (Fpic Capital Trust V), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer CFB Capital with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.

Appears in 6 contracts

Samples: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc)

Independent Obligations. The Guarantor Each of the Guarantors acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor it shall be liable as principal and as debtor hereunder to make Guarantee Payments or Additional Guarantee Payments, as the case may be, pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 6 contracts

Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust Iii)

Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 6 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 6 contracts

Samples: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Capital Iv)

Independent Obligations. The Guarantor acknowledges that ----------------------- its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.

Appears in 6 contracts

Samples: Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (First Banks, Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Capital Securities Debentures and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pay, observe and perform the Guaranteed Obligations pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (aa)(1) through (ga)(8), inclusive, of Section 4.3 11.03 hereof.

Appears in 5 contracts

Samples: Junior Indenture (Heco Capital Trust I), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Hawaiian Electric Co Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.

Appears in 5 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (K N Capital Trust Ii /De/), Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.

Appears in 5 contracts

Samples: Capital Securities Guarantee Agreement (Metlife Capital Trust I), Capital Securities Guarantee Agreement (Metlife Capital Trust I), Capital Securities Guarantee Agreement (Prudential Financial Inc)

Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.

Appears in 5 contracts

Samples: Partnership Preferred Securities Guarantee Agreement, Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Northern States Power Co), Common Securities Guarantee Agreement (Protective Life Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement (Alterra Finance LLC), Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Preferred Securities Guarantee Agreement (Axis Capital Holdings LTD)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.

Appears in 5 contracts

Samples: Trust Common Securities Guarantee Agreement, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.

Appears in 5 contracts

Samples: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (NCS of Illinois Inc), Guarantee Agreement (Omnicom Capital Trust Iii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.

Appears in 5 contracts

Samples: Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make the Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.

Appears in 5 contracts

Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.

Appears in 5 contracts

Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (Goldman Sachs Capital Ii), Guarantee Agreement (Huntington Bancshares Inc/Md)

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Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Capital Trust V), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc)

Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (Gateway Bancshares Inc /Ga/), Guarantee Agreement (Alabama National Bancorporation), Guarantee Agreement (Prosperity Bancshares Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement, Guarantee Agreement (Ally Financial Inc.), Guarantee Agreement (Ally Financial Inc.)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), ) inclusive, of Section 4.3 5.4 hereof.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Finova Finance Trust), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Walbro Capital Trust)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, inclusive of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.

Appears in 4 contracts

Samples: Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Highlands Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.03 hereof.

Appears in 4 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc), Guarantee Agreement (Affiliated Managers Group Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.3 hereof.

Appears in 4 contracts

Samples: Partnership Guarantee Agreement (Enron Preferred Funding Ii L P), Partnership Guarantee Agreement (Enron Capital Trust I), Partnership Guarantee Agreement (Enron Capital Trust Ii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.04.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (Ohio Casualty Corp), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.. ARTICLE VI

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Junior Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Junior Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (HMB Capital Trust III), Guarantee Agreement (SCBT Financial Corp), Guarantee Agreement (Centerstate Banks of Florida Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities HIGH TIDES and that the Guarantor shall (without duplication of amounts paid by or on behalf of the Trust) be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof, but subject to Section 6.01 hereof.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Calpine Corp), Preferred Securities Guarantee Agreement (Titan Corp), Preferred Securities Guarantee Agreement (Calpine Capital Trust)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (Waccamaw Bankshares Inc), Guarantee Agreement (Nexity Financial Corp), Preferred Securities Guarantee Agreement (Centurytel Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Capital Securities Guarantee Agreement (Downey Financial Capital Trust I), Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Corp)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 4 contracts

Samples: Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (Usb Capital V)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.

Appears in 4 contracts

Samples: Common Securities Guarantee Agreement (Ace LTD), Common Securities Guarantee Agreement (Colonial Capital Trust Iv), Common Securities Guarantee Agreement (Colonial Capital Trust Iii)

Independent Obligations. The Additional Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and the Original Guarantor with respect to the Original Guarantee, and that the Additional Guarantor shall be liable as principal and as debtor hereunder to make any Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections paragraphs (ai) through (g), inclusive, vii) of Section 4.3 6(c) hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (At&t Broadband LLC), Guarantee of Preferred Securities Guarantee (At&t Broadband LLC), Guarantee Agreement (At&t Broadband LLC)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (First Financial Capital Trust I), Guarantee Agreement (Us Bancorp Capital I), Guarantee Agreement (Dime Community Bancshares Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.Guarantee

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Partnerre LTD), Preferred Securities Guarantee Agreement (Partnerre LTD), Preferred Securities Guarantee Agreement (Partnerre LTD)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Preferred Trust Securities Guarantee Agreement (Public Service Enterprise Group Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (asubsections(a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Pxre Capital Trust Iv), Capital Securities Guarantee Agreement (MSDW Capital Trust V), Capital Securities Guarantee Agreement (Morgan Stanley Dean Witter & Co)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust PIERS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Omnicare Inc), Guarantee Agreement (Omnicare Capital Trust Ii), Guarantee Agreement (Omnicare Inc)

Independent Obligations. The Guarantor acknowledges that its ------------------------ obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.

Appears in 3 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder under this Guarantee to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, ) of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Virginia Commerce Bancorp Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.

Appears in 3 contracts

Samples: Common Securities Guarantee Agreement (Sun Healthcare Group Inc), Common Securities Guarantee Agreement (Viatel Inc), Common Securities Guarantee Agreement (Central Parking Finance Trust)

Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor debt or hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (CNS Energy Trust Iii), Guarantee Agreement (CMS Energy Trust V), Guarantee Agreement (CMS Energy Trust V)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (Allegiant Capital Trust Ii), Guarantee Agreement (Allegiant Capital Trust I), Guarantee Agreement (Allegiant Bancorp Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 hereof5.3.

Appears in 3 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Capital Securities Company Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.Section

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Ubs Preferred Funding Co LLC I), Limited Liability Company Agreement (Ubs Preferred Funding Trust Iii), Limited Liability Company Agreement (Ubs Preferred Funding Trust Iii)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.5.3. 14

Appears in 3 contracts

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

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)

Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall it be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.

Appears in 3 contracts

Samples: Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp), Guarantee Agreement (Scana Corp)

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