Common use of Persons Deemed Preferred Securityholders Clause in Contracts

Persons Deemed Preferred Securityholders. The Company may treat the Person in whose name any Company Preferred Certificate shall be registered on the books and records of the Company as the sole holder of such Company Preferred Certificate and -42- of the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate for purposes of receiving dividends or other distributions and for all other purposes whatsoever and, accordingly, shall, to the fullest extent permitted by law, not be bound to recognize any equitable or other claim to or interest in such Company Preferred Certificate or in the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate on the part of any other Person, whether or not the Company shall have actual or other notice thereof. Notwithstanding the foregoing or anything to the contrary herein, the Company agrees that at any time that the Trust shall be a holder of any Company Preferred Securities, each holder of a preferred certificate issued by the Trust shall, upon presentation to the Company or the Registrar of reasonable evidence thereof, have the right to the fullest extent permitted by law and without the need for any other action of any other person, including the trustee under the Trust and any other holder of any other of such preferred certificates, (a) to enforce, in the name of the Trust, the Trust's rights under the Company Preferred Securities and the Bank Subordinated Guarantee represented by the preferred certificates of such holder and (b) to withdraw from the Trust upon written notice to such trustee and the Company and hold directly the underlying Company Preferred Securities represented by such preferred certificates (in which case such holder will be entitled directly to enforce its rights under the Bank Subordinated Guarantee).

Persons Deemed Preferred Securityholders. The Company may treat the Person in whose name any Company Preferred Certificate shall be registered on the books and records of the Company as the sole holder of such Company Preferred Certificate and -42- of the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate for purposes of receiving dividends or other distributions and for all other purposes whatsoever and, accordingly, shall, to the fullest extent permitted by law, not be bound to recognize any equitable or other claim to or interest in such Company Preferred Certificate or in the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate on the part of any other Person, whether or not the Company shall have actual or other notice thereof. Notwithstanding the foregoing or anything to the contrary herein, the Company agrees that at any time that the Trust shall be a holder of any Company Preferred Securities, each holder of a preferred certificate issued by the Trust shall, upon presentation to the Company or the Registrar of reasonable evidence thereof, have the right to the fullest extent permitted by law and without the need for any other action of any other person, including the trustee under the Trust and any other holder of any other of such preferred certificates, (a) to enforce, in the name of the Trust, the Trust's rights under the Company Preferred Securities and the Bank Subordinated Guarantee represented by the preferred certificates of such holder and (b) to withdraw from the Trust upon written notice to such trustee and the Company and hold directly the underlying Company Preferred Securities represented by such preferred certificates (in which case such holder will be entitled directly to enforce its rights under the Bank Subordinated Guarantee).Bank

Persons Deemed Preferred Securityholders. The Company may treat the Person in whose name any Company Preferred Securities Certificate shall be registered on the books and records of the Company as the sole holder of such Company Preferred Securities Certificate and -42- of the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Securities Certificate for purposes of receiving dividends or other distributions and for all other purposes whatsoever and, accordingly, shall, to the fullest extent permitted by law, shall not be bound to recognize any equitable or other claim to or interest in such Company Preferred Securities Certificate or in the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Securities Certificate on the part of any other Person, whether or not the Company shall have actual or other notice thereof. Notwithstanding the foregoing or 45 anything to the contrary herein, the Company agrees that at any time that the Trust shall be a holder of any Company Preferred Securities, each holder of a preferred certificate issued by the Trust shall, upon presentation to the Company or the Registrar of reasonable evidence thereof, have the right to the fullest extent permitted by law and without the need for any other action of any other person, including the trustee under the Trust and any other holder of any other of such preferred certificates, (a) to enforce, enforce in the name of the Trust, Trust the Trust's rights under the Company Preferred Securities and the Bank Subordinated Guarantee represented by the preferred certificates of such holder and (b) to withdraw from the Trust upon written notice to such trustee and the Company and hold directly the underlying Company Preferred Securities represented by such preferred certificates (in which case such holder will be entitled directly to enforce its rights under the Bank Subordinated Guarantee)holder.

Persons Deemed Preferred Securityholders. The Company may treat the Person in whose name any Company Preferred Certificate shall be registered on the books and records of the Company as the sole holder of such Company Preferred Certificate and -42- of the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate for purposes of receiving dividends or other distributions and for all other purposes whatsoever and, accordingly, shall, to the fullest extent permitted by law, not be bound to recognize any equitable or other claim to or interest in such Company Preferred Certificate or in the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate on the part of any other Person, whether or not the Company shall have actual or other notice thereof. Notwithstanding the foregoing or anything to the contrary herein, the Company agrees that at any time that the Trust shall be a holder of any Company Preferred Securities, each holder of a preferred certificate issued by the Trust shall, upon presentation to the Company or the Registrar of reasonable evidence thereof, have the right to the fullest extent permitted by law and without the need for any other action of any other person, including the trustee under the Trust and any other holder of any other of such preferred certificates, (a) to enforce, in the name of the Trust, the Trust's rights under the Company Preferred Securities and the Bank Subordinated Guarantee represented by the preferred certificates of such holder and (b) to withdraw from the Trust upon written notice to such trustee and the Company and hold directly the underlying Company Preferred Securities represented by such preferred certificates (in which case such holder will be entitled directly to enforce its rights under the Bank Subordinated Guarantee).

Persons Deemed Preferred Securityholders. The Company may treat the Person in whose name any Company Preferred Certificate shall be registered on the books and records of the Company as the sole holder of such Company Preferred Certificate and -42- of the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate for purposes of receiving dividends or other distributions and for all other purposes whatsoever and, accordingly, shall, to the fullest extent permitted by law, not be bound to recognize any equitable or other claim to or interest in such Company Preferred Certificate or in the Company Preferred Securities or Company Parity Preferred Securities represented by such Company Preferred Certificate on the part of any other Person, whether or not the Company shall have actual or other notice thereof. Notwithstanding the foregoing or anything to the contrary herein, the Company agrees that at any time that the Trust shall be a holder of any Company Preferred Securities, each holder of a preferred certificate issued by the Trust shall, upon presentation to the Company or the Registrar of reasonable evidence thereof, have the right to the fullest extent permitted by law and without the need for any other action of any other person, including the trustee under the Trust and any other holder of any other of such preferred certificates, (a) to enforce, in the name of the Trust, the Trust's rights under the Company Preferred Securities and the Bank Subordinated Guarantee represented by the preferred certificates of such holder and (b) to withdraw from the Trust upon written notice to such trustee and the Company and hold directly the underlying Company Preferred Securities represented by such preferred certificates (in which case such holder will be entitled directly to enforce its rights under the Bank Subordinated Guarantee).underlying