Common use of Pro Rata Clause in Contracts

Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 17 contracts

Samples: Declaration of Trust (First Community Bancorp /Ca/), Declaration of Trust (State National Bancshares, Inc.), Declaration of Trust (Coast Bancorp/Ca)

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Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default under the Trust Agreement has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstandingoutstanding and then, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 4 contracts

Samples: Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust VII)

Pro Rata. A reference in these terms of the Securities to any -------- payment, distribution or treatment as being "Pro Rata" shall mean pro rata to -------- each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 3 contracts

Samples: Declaration of Trust (First Banks, Inc), Declaration of Trust (Prosperity Bancshares Inc), Declaration of Trust (First Banks, Inc)

Pro Rata. A reference in these terms of the Securities this Annex I to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default under the Agreement has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Preferred Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital Preferred Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Preferred Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Preferred Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 2 contracts

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

Pro Rata. A reference in these terms of the Securities to any --------- payment, distribution or treatment as being "Pro Rata" shall mean pro rata to -------- each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 2 contracts

Samples: Declaration of Trust (Community Capital Bancshares Inc), Declaration of Trust (First Banks, Inc)

Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of a Default under the Declaration has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 2 contracts

Samples: Exchange Agreement (Citigroup Inc), Exchange Agreement (Citigroup Inc)

Pro Rata. A reference in these terms of the Securities this Annex I to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default under the Declaration has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Preferred Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital Preferred Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Preferred Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Preferred Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 1 contract

Samples: Supplemental Indenture (Protective Life Corp)

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Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro RataPRO RATA" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 1 contract

Samples: Declaration of Trust (Bankatlantic Bancorp Inc)

Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default under the Agreement has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Preferred Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital Preferred Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Preferred Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Preferred Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 1 contract

Samples: Trust Agreement

Pro Rata. A reference in these terms of the Securities to any payment, distribution or treatment as being "Pro Rata" shall mean pro rata to each Holder of the Securities -------- according to the aggregate liquidation amount of the Securities held by the relevant such Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default under the Trust Agreement has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata pro rata according to the aggregate liquidation amount of the Capital -------- Securities held by the relevant such Holder relative to the aggregate liquidation amount of all Capital Securities outstandingoutstanding and then, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata pro rata according to the aggregate liquidation amount of the Common Securities held by the relevant such Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 1 contract

Samples: Trust Agreement (Greater Bay Bancorp)

Pro Rata. A reference in these terms of the Securities to --------- any payment, distribution or treatment as being "Pro Rata" shall mean pro rata -------- to each Holder of the Securities according to the aggregate liquidation amount of the Securities held by the relevant Holder in relation to the aggregate liquidation amount of all Securities then outstanding unless, in relation to a payment, an Event of Default has occurred and is continuing, in which case any funds available to make such payment shall be paid first to each Holder of the Capital Securities Pro Rata according to the aggregate liquidation amount of the Capital Securities held by the relevant Holder relative to the aggregate liquidation amount of all Capital Securities outstanding, and only after satisfaction of all amounts owed to the Holders of the Capital Securities, to each Holder of the Common Securities Pro Rata according to the aggregate liquidation amount of the Common Securities held by the relevant Holder relative to the aggregate liquidation amount of all Common Securities outstanding.

Appears in 1 contract

Samples: Declaration of Trust (First Banks, Inc)

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