Common use of Liquidation Distribution Upon Dissolution Clause in Contracts

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidation, dissolution winding-up or termination of the Trust (each, a "Liquidation"), the Holders of the Securities on the date of the dissolution will be entitled to receive out of the assets of the Trust, after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in an amount equal to the aggregate stated liquidation amount of such Securities, plus accrued and unpaid Distributions on such Securities to the date of payment (such amount being "Liquidation Distribution"), unless, in connection with such Liquidation, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders in exchange for such Securities.. If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 3 contracts

Samples: Trust Agreement (Dte Energy Co), Trust Agreement (Detroit Edison Trust I), Trust Agreement (Dte Energy Co)

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Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of such dissolution, winding-up or termination, as the dissolution case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in of creditors of the Trust an amount equal to the aggregate of the stated liquidation amount of such Securities, $25 per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidationdissolution, winding-up or termination, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 3 contracts

Samples: Trust Agreement (Berkley W R Corp), Trust Agreement (Berkley W R Corp), Protective Life Corp

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidation, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions claims and obligations of the Trust as provided in Section 3808 of the Statutory Trust Act an amount equal to the aggregate of the stated liquidation amount of such Securities, $ per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being "the β€œLiquidation Distribution"”), unless, in connection with such Liquidationdissolution, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement (Allstate Financing X)

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in of creditors of the trust an amount equal to the aggregate of the stated liquidation amount preference of such Securities, $[__] per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidationdissolution, winding-up or termination, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount preference of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basisbasis in accordance with paragraph 9 hereof.

Appears in 1 contract

Samples: Ohio Casualty Corp

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, each a "Liquidation"), ) the then Holders of the Securities on the date of the dissolution Liquidation will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to of creditors, distributions in an amount equal to the aggregate of the stated liquidation amount of such Securities, $30 per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidationa Liquidation related to a Special Event, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders in exchange for such of the Securities.. . If, upon any such dissolutionLiquidation (other than a Liquidation related to a Special Event), the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basisbasis in accordance with paragraph 19 below.

Appears in 1 contract

Samples: American Equity Investment Life Holding Co

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in of creditors an amount equal to the aggregate stated of the liquidation amount of such Securities, $[ ] per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidationdissolution, winding-up or termination, Trust Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: MDC Holdings Inc

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, each a "Liquidation"), the then Holders of the Securities on the date of the dissolution Liquidation will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to of creditors, distributions in an amount equal to the aggregate of the stated liquidation amount of such Securities, $50 per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidation, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders in exchange for such of the Securities.. . If, upon any such dissolutionLiquidation, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basisbasis in accordance with paragraph 10 below.

Appears in 1 contract

Samples: Vanstar Financing Trust

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidation, dissolution winding-up or termination of the Trust (each, unless a "Liquidation"Tax Event Redemption has occurred), the Holders of the Securities on the date of the dissolution will be entitled to receive out of the assets of the Trust, after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in an amount equal to the aggregate stated liquidation amount of such Securities, plus accrued and unpaid Distributions on such Securities to the date of payment (such amount being "Liquidation Distribution"), unless, in connection with such Liquidation, Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon rate of ____%, if on or prior to February 15, 2001, and the Reset Rate ofthereafter, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, on such Securities, Securities and which shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. Securities (such amount being "Liquidation Distribution"). If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: Kennametal Financing I

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Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in creditors an amount equal to the aggregate of the stated liquidation amount of such Securities, $50 per Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unlessunless such dissolution, winding-up or termination occurs in connection with such Liquidationa Special Event in which case, in accordance with Section 4(c), Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: Exchange Agreement (Insignia Financial Group Inc /De/)

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in of creditors an amount equal to the aggregate of the stated liquidation amount of such Securities, $^ per Security plus accrued accumulated and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, such dissolution, winding-up or termination occurs in connection with such Liquidationa Special Event in which, in accordance with Section 4(c), Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued accumulated and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: Bay View Capital Corp

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Trust Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Trust Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in creditors of the Trust an amount equal to the aggregate of the stated liquidation amount of such Securities, $25 per Trust Security plus accrued and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, in connection with such Liquidationdissolution, Debentures winding-up or termination, Notes in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued and unpaid Distributions on, such Securities, Trust Securities shall be distributed on a Pro Rata basis to the Holders of the Trust Securities in exchange for such Trust Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Trust Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: Reliastar Financing V

Liquidation Distribution Upon Dissolution. In the event of any voluntary or involuntary liquidationdissolution, dissolution winding-up or termination of the Trust (each, a "Liquidation")Trust, the Holders of the Securities on the date of the dissolution dissolution, winding-up or termination, as the case may be, will be entitled to receive out of the assets of the Trust, Trust available for distribution to Holders of Securities after satisfaction (or reasonable provision for satisfaction) of liabilities to creditors, distributions in of creditors an amount equal to the aggregate of the stated liquidation amount of such Securities, $50 per Security plus accrued accumulated and unpaid Distributions on such Securities thereon to the date of payment (such amount being the "Liquidation Distribution"), unless, such dissolution, winding-up or termination occurs in connection with such Liquidationa Special Event in which, in accordance with Section 4(c), Debentures in an aggregate stated principal amount equal to the aggregate stated liquidation amount of such Securities, with an interest rate equal to the Coupon Rate of, and bearing accrued and unpaid interest in an amount equal to the accrued accumulated and unpaid Distributions on, such Securities, shall be distributed on a Pro Rata basis to the Holders of the Securities in exchange for such Securities.. . If, upon any such dissolution, the Liquidation Distribution can be paid only in part because the Trust has insufficient assets available to pay in full the aggregate Liquidation Distribution, then the amounts payable directly by the Trust on the Securities shall be paid on a Pro Rata basis.

Appears in 1 contract

Samples: Nuevo Energy Co

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