Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 34 contracts
Samples: Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/), Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (Capitol Bancorp LTD)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee in trust for the benefit of the Holders of the Preferred Securities, and the . The Guarantee Trustee shall not transfer this Preferred Securities its right, title and interest in the Guarantee Agreement to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee TrusteeTrustee or to a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4. The right, title and interest of the Guarantee Trustee to the Guarantee Agreement shall vest automatically vest in any Successor each Person who may hereafter be appointed as Guarantee Trustee, and such Trustee in accordance with Article IV. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trusteedelivered.
Appears in 10 contracts
Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Sunamerica Capital Trust Iv), Guarantee Agreement (Aes Trust Iii)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Capital Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Capital Securities, and the Guarantee Trustee shall not transfer this Preferred Capital Securities Guarantee to any Person except a Holder of Preferred Capital Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 8 contracts
Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (First Financial Capital Trust II)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Debentures and the Holders of the Capital Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Debentures or Capital Securities exercising his or her rights pursuant to Section 5.4(b4.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 4 contracts
Samples: Parent Guarantee Agreement (American Safety Insurance Holdings LTD), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee in trust for the benefit of the Holders of the Preferred Securities, and the . The Guarantee Trustee shall not transfer this Preferred Securities its right, title and interest in the Guarantee Agreement to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee TrusteeTrustee or to a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.04. The right, title and interest of the Guarantee Trustee to the Guarantee Agreement shall vest automatically vest in any Successor each Person who may hereafter be appointed as Guarantee Trustee, and such Trustee in accordance with Article 4. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trusteedelivered.
Appears in 4 contracts
Samples: Guarantee Agreement (RJR Nabisco Holdings Capital Trust Ii), Guarantee Agreement (RJR Nabisco Holdings Capital Trust Vi), Guarantee Agreement (Aes Corporation)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee in trust for the benefit of the Holders of the Preferred Securities, and the . The Guarantee Trustee shall not transfer its right, title and interest in this Preferred Securities Guarantee Agreement to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee TrusteeTrustee or to a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.04. The right, title and interest of the Guarantee Trustee to this Guarantee Agreement shall vest automatically vest in any Successor each Person who may hereafter be appointed as Guarantee Trustee, and such Trustee in accordance with Article IV. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trusteedelivered.
Appears in 3 contracts
Samples: Guarantee Agreement (Morgan J P Index Funding Co I), Guarantee Agreement (Morgan J P Index Funding Co I), Guarantee Agreement (Morgan J P Index Funding Co I)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred SecuritiesHolders, and the Guarantee Trustee shall not transfer its right, title and interest in this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, upon acceptance by such Successor Guarantee Trustee of its appointment hereunder, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc), Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc), Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, upon acceptance by such Successor Guarantee Trustee of its appointment hereunder, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 3 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)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee for the benefit of the Holders of the Convertible Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee Agreement to any Person except a Holder of Convertible Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder Holders of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (R&g Financial Corp), Preferred Securities Guarantee Agreement (R&g Capital Trust V)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Trust Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Trust Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee in and to this Guarantee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation succession of title shall be effective whether or not conveyancing conveyance documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee in and to this Guarantee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Guarantee Agreement (Weyerhaeuser Co), Guarantee Agreement (Weyerhaeuser Co)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Capital Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Capital Securities, and the Guarantee Trustee shall not transfer this Preferred Capital Securities Guarantee to any Person except a Holder of Preferred Capital Securities exercising his or her rights pursuant to Section 5.4(b5.4 (b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Guarantee Agreement (Union Planters Corp), Guarantee Agreement (Pxre Corp)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Series A Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Series A Capital Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Series A Guarantee to any Person except a Holder of Preferred Series A Capital Securities exercising his or her rights pursuant to Section 5.4(b5.4 (b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 2 contracts
Samples: Guarantee Agreement (First Financial Capital Trust I), Series A (Dime Community Bancshares Inc)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) hereof or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Webster Capital Trust Vi)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Parent Guarantee Agreement shall be held by the Guarantee Trustee for the benefit of the Holders Holders, the holders of Debt Securities and the Preferred SecuritiesTrust, and the Guarantee Trustee shall not transfer this Preferred Securities Parent Guarantee Agreement to any Person except a Holder or a holder of Preferred Debt Securities exercising his or her its rights pursuant to Section 5.4(b5.4(d) or (iii) to a Successor Guarantee Trustee on upon acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, upon acceptance by such Successor Guarantee Trustee of its appointment hereunder, and such vesting and cessation succession of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities and Common Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee Agreement to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b5.04(iv) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, upon acceptance by such Successor Guarantee Trustee of its appointment hereunder, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Guarantee to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee herein shall automatically cease as to such Guarantee Trustee and vest in any Successor Guarantee Trustee, and such cessation and vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Samples: Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc)
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Guarantee Agreement shall be held by the Guarantee Trustee in trust for the benefit of the Holders of the Preferred Securities, and the . The Guarantee Trustee shall not transfer this Preferred Securities its right, title and interest in the Guarantee Agreement to any Person except a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.4(b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee TrusteeTrustee or to a Holder of Preferred Securities exercising his or her rights pursuant to Section 5.04. The right, title and interest of the Guarantee Trustee to the Guarantee Agreement shall vest automatically vest in any Successor each Person who may hereafter be appointed as Guarantee Trustee, and such Trustee in accordance with Article IV. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trusteedelivered.
Appears in 1 contract
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Series B Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Series B Capital Securities, and the Guarantee Trustee shall not transfer this Preferred Securities Series B Guarantee to any Person except a Holder of Preferred Series B Capital Securities exercising his or her rights pursuant to Section 5.4(b5.4 (b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Powers and Duties of the Guarantee Trustee. (a) This Preferred Securities Series B Guarantee shall be held by the Guarantee Trustee for the benefit of the Holders of the Preferred Series B Capital Securities, and the Guarantee Trustee shall not 6 NEXT PAGE transfer this Preferred Securities Series B Guarantee to any Person except a Holder of Preferred Series B Capital Securities exercising his or her rights pursuant to Section 5.4(b5.4 (b) or to a Successor Guarantee Trustee on acceptance by such Successor Guarantee Trustee of its appointment to act as Successor Guarantee Trustee. The right, title and interest of the Guarantee Trustee shall automatically vest in any Successor Guarantee Trustee, and such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered pursuant to the appointment of such Successor Guarantee Trustee.
Appears in 1 contract
Samples: Guarantee Agreement (First Financial Capital Trust I)