Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 62 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Square 1 Financial Inc), Guarantee Agreement (Square 1 Financial Inc)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present Senior and future Senior Indebtedness Subordinated Debt (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees Guarantor in the same manner and to the foregoing provisions of this Guarantee and the other terms same extent as set forth hereinin Article XIII of the Indenture.
Appears in 25 contracts
Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (National City Capital Trust IX), Guarantee Agreement (National City Capital Trust IX)
Ranking. This Capital Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present Senior and future Senior Indebtedness (as defined in the Indenture) Subordinated Debt of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 10 contracts
Samples: Capital Securities Guarantee Agreement (Air T Inc), Capital Securities Guarantee Agreement (Air T Funding), Capital Securities Guarantee Agreement (Air T Inc)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present other current and future Senior Indebtedness (as defined in the Indenture) liabilities of the Guarantor. By their acceptance thereofGuarantor and will rank equally with the most senior preferred stock, each Holder of Capital Securities agrees if any, issued from time to time by the Guarantor and with similar guarantees issued by the Guarantor with respect to financial subsidiaries similar to the foregoing provisions of this Guarantee and the other terms set forth hereinTrust.
Appears in 6 contracts
Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) to the same extent and in the same manner that the Debt Securities are subordinated to Senior Indebtedness pursuant to the Indenture, it being understood that the terms of Article XV of the Indenture shall apply to the obligations of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 5 contracts
Samples: Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV)
Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior [subordinate] in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof), each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.the
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc), Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of the Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 2 contracts
Samples: Guarantee Agreement (Umpqua Holdings Corp), Guarantee Agreement (Umpqua Holdings Corp)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.. The right of the Guarantor to participate in any distribution of assets of any of its subsidiaries upon any such subsidiary's liquidation or reorganization or otherwise is subject to the prior claims of
Appears in 1 contract
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right fight of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 1 contract
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.. ARTICLE VI
Appears in 1 contract
Samples: Guarantee Agreement (American Equity Investment Life Holding Co)
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined of the Guarantor in the same manner and to the same extent as set forth in Article IV of the Indenture, (ii) on an equal basis with any series of junior subordinated debt securities issued under the Indenture, and any guarantee of the Guarantor in respect of any trust preferred securities issued by a trust to which such debt securities are issued, and (iii) senior to all common stock of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 1 contract
Ranking. This Guarantee will constitute an unsecured obligation of the Guarantor and will rank subordinate and junior in right of payment to all present and future Senior Indebtedness (as defined in the Indenture) of the Guarantor. By their acceptance thereof, each Holder of Capital Securities agrees to the foregoing provisions of this Guarantee and the other terms set forth herein.
Appears in 1 contract
Samples: Guarantee Agreement (AmericanWest Capital Trust IV)