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 410 contracts
Samples: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Hanmi Financial Corp), 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 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 235 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Navigators Group 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 125 contracts
Samples: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Regions Financing 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 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 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 (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 103 contracts
Samples: Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (S.Y. Bancorp 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 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 (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.
Appears in 89 contracts
Samples: Guarantee Agreement (National City Capital Trust IX), Guarantee Agreement (Virginia Electric & Power Co), Guarantee Agreement (Us Bancorp \De\)
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 (Susquehanna 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 5.03 hereof.
Appears in 35 contracts
Samples: Guarantee Agreement (Centex Corp), Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Litchfield 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: Guarantee Agreement (Amcore Capital Trust I), Guarantee Agreement (First Usa Capital Trust I), Guarantee Agreement (Hubco Inc)
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 hereof5.03.
Appears in 13 contracts
Samples: Guarantee Agreement (Allete Capital Iii), Guarantee Agreement (Txu Capital Iv), Preferred Trust Securities Guarantee Agreement (FPL Group Inc)
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), Subordinated 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 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 5.03 hereof.
Appears in 12 contracts
Samples: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Energy Inc), Guarantee Agreement (Semco Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Capital Securities Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make payments with respect to the Guarantee Payments pursuant to the terms of this Guarantee Supplemental Indenture notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 3.6 hereof.
Appears in 11 contracts
Samples: Supplemental Indenture (Aegon Nv), Supplemental Indenture (Aegon Funding Corp Ii), Supplemental Indenture (Aegon Nv)
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 (New York Community Bancorp Inc), Form of Guarantee Agreement (KBHC Financing I), Guarantee Agreement (Usx 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 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 (Great Southern Capital Trust IV), 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 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 Guarantee notwithstanding the occurrence of any event referred to in subsections (aSection 2.3(a) through (gSection 2.3(g), inclusive, of Section 4.3 hereof.
Appears in 8 contracts
Samples: Guarantee Agreement (Sce Trust Vi), Guarantee Agreement (SCE Trust V), Guarantee Agreement (SCE 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 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 (Public Service Co of Oklahoma), 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 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 7 contracts
Samples: Preferred Securities Guarantee Agreement (Viatel Inc), Guarantee Agreement (Weyerhaeuser Co), Preferred Securities Guarantee Agreement (Vanstar Financing Trust)
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 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), Guarantee Agreement (Community First Bankshares 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 Preferred 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: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (Metlife Capital Trust Iii), Preferred Securities Guarantee Agreement (Cccisg 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 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 (First Banks, 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: Hawaiian Electric Co Inc, Hawaiian Electric Co Inc, Heco Capital Trust Ii
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer LLC with respect to the Capital 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 Agreement 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: Guarantee Agreement (Teco Energy Inc), Administration Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Energy Inc)
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 (without duplication of amounts paid by or on behalf of the Issuer) 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 (Enpro Industries Inc), Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec 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 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 (Federal Mogul Financing Trust)
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), Guarantee Agreement (Partnerre Capital Trust Iii), 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 TECONS, 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 4 contracts
Samples: Preferred Securities Guarantee Agreement (Wendys International Inc), Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (Nuevo Energy Co)
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 (Viatel Inc), Common Securities Guarantee Agreement (Central Parking Finance Trust), Common Securities Guarantee Agreement (Sun Healthcare Group 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 Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.5.3 hereof ARTICLE VI LIMITATION OF TRANSACTIONS; SUBORDINATION
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/)
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 (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Agl Capital Trust Ii), Guarantee Agreement (Glacier Capital Trust I), Trust Preferred Securities Guarantee Agreement (Agl 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 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 Preferred Trust Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.
Appears in 3 contracts
Samples: Preferred Trust Securities Guarantee Agreement (Txu Europe Funding I L P), Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee Agreement (Txu Europe Funding I L P)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Partnership 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 Partnership Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Partnership Securities Guarantee Agreement (Txu Europe Funding I L P), Preferred Partnership Securities Guarantee Agreement (Txu Europe Funding I L P)
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 hereof5.03.
Appears in 3 contracts
Samples: Guarantee Agreement (Texas Utilities Electric Co), Guarantee Agreement (Texas Utilities Co /Tx/), Guarantee Agreement (Texas Utilities Electric Co)
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 hereof5.03.
Appears in 3 contracts
Samples: Guarantee Agreement (Tu Electric Capital V), Guarantee Agreement (Atlantic Capital Ii), Guarantee Agreement (Atlantic City Electric Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer VBC 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 2 contracts
Samples: Securities Guarantee Agreement (VBC Capital I), Securities Guarantee Agreement (VBC Capital I)
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 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 Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 2 contracts
Samples: Guarantee Agreement (First Financial Capital Trust I), Series A (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 Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 SECTION 5.3 hereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Illinois Power Co), Preferred Securities Guarantee Agreement (Illinois Power Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Citizens Capital with respect to the Capital Securities 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 Guarantee Agree- ment notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 2 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Convertible 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 Convertible 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 2 contracts
Samples: Securities Guarantee Agreement (Sun Healthcare Group Inc), Securities Guarantee Agreement (Sun Healthcare 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 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 Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4. hereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Reliastar Financing V), Preferred Securities Guarantee Agreement (Reliastar Financing Ii)
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 Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.. ARTICLE VI
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), 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 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 hereof5.3.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (MBWM Capital Trust I), Securities Guarantee Agreement (MBWM 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 Securities Preferred Securities, and are independent of the obligations of the Bank with respect to the Debentures, 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 (gk), inclusive, of Section 4.3 5.3 hereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
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 hereofSECTION 5.3.
Appears in 2 contracts
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 4.3 503 hereof.
Appears in 2 contracts
Samples: Form of Guarantee Agreement (Great Plains Energy Inc), Guarantee Agreement (Great Plains Energy Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Spectrum Capital 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 hereof5.3.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Spectrum Capital Trust I), Preferred Securities Guarantee Agreement (Spectrum 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 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 2 contracts
Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Common Securities Guarantee Agreement (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 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 (gf), inclusive, of Section 4.3 5.3 hereof.
Appears in 2 contracts
Samples: Guarantee Agreement (American Safety Insurance Group LTD), 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 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 2 contracts
Samples: Guarantee Agreement (Vib Corp), Trust Agreement (Usf&g Corp)
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 5.03 hereof.. ARTICLE VI
Appears in 1 contract
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.. ARTICLE VI
Appears in 1 contract
Samples: Securities Guarantee Agreement (Quad City Holdings 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 hereofSECTION 5.3.
Appears in 1 contract
Samples: Agreement (San Joaquin Bancorp)
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 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Apple South Financing 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 hereof.5.03. ARTICLE VI
Appears in 1 contract
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 5.03 hereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Adlt 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 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 Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
Appears in 1 contract
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 hereofSECTION 5.3.
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Samples: Preferred Securities Guarantee Agreement (Southside Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Flagstar 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 hereof5.03.
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Samples: Preferred Securities Guarantee Agreement (Flagstar Trust)
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 Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4. hereof.
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Samples: Securities Guarantee Agreement (Bremer Financial Corporation)
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 (without duplication of amounts paid by or on behalf of the issuer) 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.
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Samples: Guarantee Agreement (National City 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 Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.04 hereof.
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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 Trust Issuer, 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 (gk), inclusive, of Section 4.3 5.2 hereof.
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Samples: Preferred Securities Guarantee Agreement (Providian Financing Iv)
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 (aa)(i) through (gviii), inclusive, of Section 4.3 5.3 hereof.
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Samples: Capital Securities Guarantee Agreement (Orion Capital Corp)
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 debt or 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 hereof2.3.
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Samples: Guarantee (Hvide Marine 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 Guaranty Payments pursuant to the terms of this Guarantee Preferred Securities Guaranty notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
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Samples: Preferred Securities Guaranty Agreement (ServisFirst 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 Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
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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 (gh), inclusive, of Section 4.3 5.3 hereof.. -15- 21
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Samples: Preferred Securities Guarantee Agreement (Metropolitan 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 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.
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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 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 Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.. ARTICLE III
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Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer MB Capital 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 hereof5.3.
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Samples: Preferred Securities Guarantee Agreement (Mb Capital 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 (without duplication of amounts paid by or on behalf of the Issuer) 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.pursuant
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Independent Obligations. The Additional Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Trust Issuer with respect to the Capital Securities Securities, and that the Additional Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments 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 hereofAgreement.
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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 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.
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Samples: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer FW Capital 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 hereof5.3.
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Samples: Preferred Securities Guarantee Agreement (Fw Capital I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder hereun- der 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.
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Samples: Capital Securities Guarantee Agreement (Bankboston 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 (g), inclusive, of Section 4.3 5.04 hereof.
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Samples: Securities Guarantee Agreement (Zenith National Insurance Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the New 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.
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Samples: Capital Securities Guarantee Agreement (Berkley W R Capital Trust)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer United Capital with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Guaranty Payments pursuant to the terms of this Guarantee Preferred Securities Guaranty notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
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Samples: Preferred Securities Guaranty Agreement (United Community Bancshares Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder hereun- der 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 Securi- ties Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
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